5296ORDINANCE NO. 5296
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. 90-3, CYPRESS CANYON)
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. 92R- 66 and 92R- 67 approving and adopting Specific Plan No.
90-3 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. 92R- 66 and
92R_67 the City Council did introduce and adopt Ordinance No. 5297
amending the Anaheim Municipal Code to establish the zoning and development standards
for Specific Plan 90-3, designated as Chapter 18.77 Specific Plan 90-3 (SP 90-3) 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 90-3"
(SPECIFIC PLAN 90-3) 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 FEIR No. 298 and numbers in parenthesis
represent the mitigation measure numbers. 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
1A. Notwithstanding any provision of the conditions of approval contained herein to the
contrary, the property owner/developer may process and (upon approval in
accordance with the Subdivision Map Act and Title 17 of the Anaheim Municipal
Code) record a tract or parcel map for the limited purposes of conveyances for
financing without complying with any of the conditions of approval contained herein
which, by their terms, must be complied with prior to submittal of an application for,
approval of, or recordation of, a tentative or final tract or parcel map provided:
1. The tract or parcel map shall contain a note to the effect that (i) the map is
being filed for financing purposes only and will have no public improvement
requirements; (ii) no building permits, except for public facilities, are to be
issued for the lots or parcels created by this map; and, (iii) the recording of a
subsequent map is required before building permits can be issued, and an
unsubordinated covenant in a form approved by the City Attorney is recorded
against the entire site reflecting the foregoing;
2. An unsubordinated covenant in the form approved by the City Attorney is
recorded against the entire site to the effect that the property
owner/developer and all successive owners of all portions of the site agree: (i)
not to contest the formation of any of the special districts, benefit districts or
other financing mechanisms set forth elsewhere in these conditions of
approval; (ii) to cooperate fully in the formation process; and (iii) to reserve
only the right to contest the spread or amount of any assessment against a
particular portion of the property;
3. Irrevocable offers of dedication, including necessary construction and adjoining
slope easements, for right-of-way for all arterial highways and all trail, park
and other public facility sites (fire station and electrical substation sites)
identified in these conditions of approval are made prior to the approval of
said tract or parcel map; provided that such irrevocable offers shall include a
mechanism for adjusting legal descriptions as the precise locations are
determined during development;
4. The tract or parcel map otherwise complies with the Subdivision Map Act and
Title 17 of the Anaheim Municipal Code.
1B. Notwithstanding any provision of the conditions of approval contained herein to the
contrary, the property owner/developer may process and (upon approval in
accordance with the Subdivision Map Act and Title 17 of the Anaheim Municipal
Code) record a tract or parcel map for the limited purpose of conveyance without
complying with any of the conditions of approval contained herein (except as defined
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in this condition of approval) which, by their terms, must be complied with prior to
submittal of an application for, approval of, or recordation of, a tentative or final
tract or parcel map provided:
1. The tract or parcel map shall contain a note to the effect that (i) the map is
being filed for conveyance purposes only and will have no public improvement
requirements; (ii) no building permits, except for public facilities, are to be
issued for the lots or parcels created by this map; and, (iii) the recording of a
subsequent map is required before building permits can be issued, and an
unsubordinated covenant in a form approved by the City Attorney is recorded
against the entire site reflecting the foregoing;
2. Requirements 2-4 in Condition 1A, above shall be met;
3. Prior to tentative map approval, the property owner/developer shall comply
with the following conditions of approval (the corresponding mitigation
measure number is in parenthesis): 2, 5, 7, 33, 35 (if applicable), 112 (9-20),
130 (3-12), 160 (9-23), 161 (9-24), 174, 178 (9-17), 205 (8-12), 223, 224 and
232.
4. That prior to final map approval, the property owner/developer shall submit a
Backbone Infrastructure and Financing Plan (the Plan) prepared to the
satisfaction of the City Engineer for review and approval by the City Engineer.
The action of the City Engineer shall be subject to appeal or review by the
Planning Commission within ten (10) days following the date of such action.
Any subsequent changes to the Plan shall be subject to the review and
approval of the City Engineer.
a. The Plan shall identify backbone infrastructure locations, public facility
sites and establish a financing mechanism(s) to implement said plans.
b. Said plan shall include provisions for the following items:
(1) Specific timing for studies, phasing, bonding, completion, etc.
Timing should be tied to final map approval or issuance of
building permits when possible and the department responsible
for verifying completion of each requirement shall be identified;
(2) Reciprocal grading and access agreements;
(3) Compliance with Conditions of Approval Nos. (the
corresponding mitigation measure number is in parenthesis) 129
(3-11), 206 (8-01), 208 (8-02), 209 (8-03), 210 (8-04), 211 (8-05),
212 (8-06), 213 (8-07), 215 (8-10), 221 and 233;
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(4) A monitoring report shall be submitted to the City Engineer on
a semi-annual basis (January 1 and July 1) for review by all
applicable departments; and,
(5) The approved Plan shall be distributed to all departments and
become part of the Specific Plan document so all requirements
are centrally located. Any subsequent approved changes shall
also be distributed to all departments.
C. An unsubordinated covenant in a form approved by the
City Attorney shall be recorded against the entire site
requiring the property owner/developer and all successive
owners of all portions of the site to participate in the
implementation of and be subject to the provisions of the
Plan.
5. Prior to final map approval, the property owner/developer shall
comply with the following conditions of approval (these
conditions may be satisfied as part of or separate from the
Backbone Infrastructure and Financing Plan - the corresponding
mitigation measure number is in parenthesis): 32 (if applicable),
35 (if applicable), 38, 39, 40, 73 (2-01), 84, 86 (9-01), 90 (9-03),
93, 95 (9-19), 96, 97, 98, 116 (9-27), 121 (9-06), 152 (9-29), 154,
155 (9-10), 156, 157 (9-11), 158, 181 (9-13), 188 (8-11), 190
(6-07), 192 (6-12), 199 (8-15), 200 (8-14), 202 (8-13) and 231.
2. 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 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 tentative or final tract or
parcel map which may otherwise be asserted based upon permitted conditions,
exactions and fees set forth in the Subdivision Map Act.
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.
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PLANNING -RELATED
4. 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 Cypress Canyon Specific Plan; and, that all future grading and
development of the Cypress Canyon 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.
5. That in conjunction with the submittal of each 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.
6. That in conjunction with the submittal of all Site Plans, the following information
and/or plans shall be submitted to the Planning Department for Planning
Commission review and approval in conformance with Section 18.77 of the Anaheim
Municipal Code:
A. Location map - drawn to the same scale as the Cypress Canyon Specific Plan
Development Plan and relating the Site Plan to the overall Cypress Canyon
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 Conceptual Master Plan (Exhibit 19 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.
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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 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.
7. That in conjunction with the submittal of all tentative tract or parcel maps, the
following information and/or plans shall be submitted to the Planning Department
for Planning Commission review and approval:
A. Location map - drawn to the same scale as the Cypress Canyon Specific Plan
Development Plan and relating the map to the overall Cypress Canyon project.
B. Topographic map.
C. 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.
8. That Site Plans shall include preliminary building plot plans, floor plans, front, side
and rear building elevations, roof plans, exterior building materials (including
roofing) and colors, and shall be prepared in conformance with the Pre -File submittal
requirements on file with the Zoning Division of the Planning Department. Prior to
issuance of building permits, final plot plans, floor plans and building elevations 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.).
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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 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.
14. That prior to issuance of building permits, it shall be demonstrated that all structures
have been analyzed for earthquake loading and designed according to the most recent
seismic standards in the Uniform Building Code adopted by the City of Anaheim and
approved by the Chief Building Official.
Additionally, the following shall apply. Structures shall be designed in accordance with
UBC Section 2312, for Zone 4, or the requirements of City of Anaheim and standard
practice of the Structural Engineers Association of California. Pertinent data shall be
made available to project design engineers and architects. Proof in the form of a letter
from the property owner/developer shall be submitted to the Chief Building Official to
indicate that the pertinent data was made available to project design engineers and
architects. (1-04)
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 RM -1200 Zone apartment unit building permits,
the legal property owner shall prepare and record on the property an unsubordinated
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covenant limiting occupancy of each 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 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.
19. That for single-family detached 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 prior to the issuance of a
certificate of occupancy for said lot.
20. That prior to issuance of a building permit for any single-family detached 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. 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.
21. 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 vines
and/or shrubs as identified on fencing and wall plans approved by the Planning
Commission in connection with the Site Plan.
22. That prior to the approval of Site Plans for RM -1200 and 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.
23. That for single-family reverse corner lots (a comer lot, the side street line of which is
substantially a continuation of the front lot line of the comer which it rears), there
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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 -sight
considerations.
Commercial Uses:
24. 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
adjacent 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 locations shall be identified on the plans submitted for building
permits.
25. That within the commercial development areas, no outdoor storage of, display of, or
work on vehicles or vehicular parts shall be permitted.
26. That no roof -mounted equipment shall be permitted.
27. That all commercial parking areas immediately adjacent to the landscaped areas
abutting Santa Ana Canyon Road and Coal Canyon Road 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.
28. 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.
29. That any outdoor order speaker, such as for a drive-through facility, shall be
equipped with an operable volume control.
30. 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) and/or in conjunction with hotel
uses.
31. That prior to the approval of landscape plans for commercial areas, plans shall show
that minimum twenty-four inch (24") box trees shall be planted on-site. Any tree
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planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased, and/or dead.
32. That in the event a tract or 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. 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, that plans shall provide for reciprocal access and parking and that the
covenant shall be referenced in all deeds transferring all or any part of the property.
ENGINEERING/SUBDIVISION
33. That the following street design elements shall be shown each tentative tract and
parcel map:
a. Street cross sections, including dimensions, labels, circulation designation (i.e.
Hillside -Primary, Hillside -Secondary, Hillside -Collector) 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.
A That the following grading elements shall be shown on each tentative tract and parcel
map:
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.
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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 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
35. That prior to the approval of a 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.
36. That prior to approval of final tract or parcel maps, vehicular access rights to all
arterial highways adjacent to subject tract, except at street openings, shall be
dedicated to the City of Anaheim.
37. A. Prior to approval of each final tract or parcel map, the property
owner/developer shall provide for the following:
1. Private street maintenance
2. Hiking and equestrian trails maintenance over all trails except in open
space areas accepted for dedication to non -city public agencies or
non-profit entities
3. Slope landscaping and irrigation maintenance including conformance
with Condition No. 56 herein
4. Parkway landscaping and irrigation maintenance
5. Median island landscaping and irrigation maintenance for private and
non -City required medians
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6. On-site and off-site open or natural channel storm drain facilities
maintenance
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 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
14. That cleaning of all paved areas not maintained by the City of Anaheim
shall be done on a monthly basis, including, but not limited to, private
streets and parking lots Using water to clean streets, paved areas, parking
lots and other areas and flushing the debris and sediment down the storm
drains is prohibited (2-08)
B. That if Items 1 through 14 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 14 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
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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.
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.
38. That prior to approval of the first 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.
39. That prior to approval of each 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.
40. That prior to or concurrently with the recordation of each 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 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
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covenant shall be those determined by the City Engineer as required by the Anaheim
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.
41. 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. 37. 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
42. That prior to approval of grading plans, the property owner/developer shall submit a
grading plan prepared by a civil engineer based on recommendations of a soils engineer
and an engineering geologist. All grading plans shall be subject to the approval of the
City Engineer. Grading plans shall conform to the procedures and requirements of
Chapter 17.06, "Grading Excavation 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. The design criteria for hillside grading which is
delineated in Council Policy No. 211, includes standards related to curved linear slopes,
transition with natural slopes, varying ratios and planting bays (1-01)
43. That prior to submittal of each tentative tract or parcel map, the property
owner/developer shall submit to the City Engineer for review and approval a preliminary
soils and geological report prepared by an engineering geologist and a geotechnical
engineer. This report shall be prepared to the satisfaction of the City Engineer and shall
show compliance with all design criteria and mitigation measures set forth in FEIR No.
298. The purpose of the report is to provide detail and refinement of mitigation measures
included in FEIR No. 298 and to provide greater detailed geotechnical design criteria
necessary to minimize (and mitigate to below a level of significance) potential impacts
related to geotechnical constraints (It is not anticipated that any major, previously
unidentified geotechnical constraints will be identified in this report. This approach is
consistent with the tiering concept encouraged by CEQA, as described in Section 15152
of the CEQA Guidelines). The report shall address, but not be limited to, the following.
A. Recommended Structural Setbacks - Daylight cuts in the western ridge area shall
require structural setbacks of 30 to 50 feet from top of slope due to the steepness
of the descending natural slopes A minimum setback of 30 feet from the top
edges of slopes shall be utilized for all structures, pavements and street
improvements, including shoulders Where slopes are steeper than 2:1, setback
distances shall be dependent on recommendations from the geotechnical engineer
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F�
as stated on page D-3, Appendix D, of the geotechnical report (January 1991,
included as a technical appendix to FEIR No. 298). All recommended setbacks
shall be incorporated in the design of the tentative subdivision map.
B. Rockfall Potential - A more detailed analysis of rockfall potential; including
recommended locations of temporary and/or permanent debris fences and/or
deflection structures and recommended structural setbacks shall be provided This
report shall be reviewed by CalTrans concurrent with the submittal to the City
Engineer. All recommended setbacks shall be incorporated in the design of the
tentative subdivision map. Prior to the approval of Site Plans and issuance of
building permits, all structures shall be in compliance with the setbacks
recommended in the report. The type and location of recommended debris fences
and/or deflection structures shall be identified on the tentative tract or parcel map
within an area identified as having rock fall potential, (1-02)
44. That prior to approval of grading plans, the property owner/developer shall submit to the
City Engineer for review and approval, a thorough soils and geological report, based on
Proposed grading and prepared by an engineering geologist and geotechnical engineer.
The report shall be prepared to the satisfaction of the City Engineer and shall show
compliance with all design criteria and mitigation measures set forth in FEIR No. 298.
The grading plan shall be in conformance with all recommendations of the report The
report shall address, but not be limited to, the following.
A. Compressible Soils/Settlement -- The most compressible near -surface material
shall be removed and recompacted (overexcavated) and monitored after
completion of grading by the project geotechnical engineer for post -construction
settlement utilizing settlement plates in the areas of suspected settlement. Areas of
settlement shall be monitored until settlement rates and projected total settlement
are within safe limits for the planned construction, as determined by the approved
soils and geologic report. Deep fills shall also be monitored to ensure proper
compaction prior to construction.
B. Cut Slope Shear Strength -- West and northwesterly facing cut slopes shall be
evaluated by the project geotechnical engineer to determine whether adversely
oriented bedding planes with low shear strength values exist If the soils and
geologic report indicates low shear strength values on any cut slopes, the project
geotechnical engineer shall refine the proposed grading plan in order to ensure
that all proposed slopes are stabilized within safe limits for the planned
construction, as determined by the approved soils and geologic report
G Cut Slope Stabilization -- Cut slopes excavated in the silty sandstone materials of
the Silverado and Williams Formation with a vertical height in excess of 20 feet
shall require stabilization fills The project geotechnical engineer shall design the
stabilization fills in a manner which mitigates surficial instability and ensures that
15
all proposed slopes are stabilized within safe limits for the planned construction,
as determined by the approved soils and geologic report
D. Stabilization of Landslides -- This shall be accomplished by one or a combination
of the following procedures. complete removal; partial removal and buttressing; or
stabilization in place utilizing buttress fills or shear keys The EIR geotechnical
report (DEIR Appendix B, ICG, Inc., 1/25/91) concludes that landslides
occurring outside of development areas do not appear to present any risk to
person or property; therefore these landslide areas will not require any grading
activity.
E. Stabilization of Slopes -- Stabilization of adverse geologic structure in proposed
slopes will entail remedial earthwork during mass grading and will be stabilized
by earth buttresses Buttresses shall be designed on a slope -by -slope basis in
accordance with established procedures to meet safety factors in accordance with
the standards of practice and all City of Anaheim regulations
F. Overexcavation of Compressible Materials -- Overexcavation of compressible
materials including topsoi4 alluvium, colluvium, recent landslides and major
Portions of ancient landslides in areas to receive filo shall be required and the
location and the extent of overexcavation shall be identified
G. Alluvial Soils -- All of the alluvial soil within the developable portion of the site
(along the bottom of Coal Canyon) is to be buried under fill materials Surface
drainage shall be controlled by a concrete box culvert to be installed concurrently
with street improvements (refer to the Drainage Master Plan, DEIR Exhibit 19).
H. Alluvial/Colluvial Soils -- Deposits of alluvium and colluvium to be left in place
shall be expected to undergo a portion of primary consolidation as grading takes
place Similarly, most of the primary consolidation is expected to occur during
Placement of the fill. As a guide, excavations shall be taken to depths where the
relative compaction is at least 90 percent, and the moisture content is at or above
optimum.
I. Oversize material (large rock material) -- Oversize material generated during
grading of the site shall be handled by a combination of strategies, including
burying the material within planned fdl areas, placement on-site in non-structural
waste rock areas, and removal off-site for processing elsewhere, to be ultimately
used as construction material or burying at another site.
J. Rockfall Potential -- Debris fences and/or deflection structures shall be used to
contain rocks dislodged over the slope during grading operations Prior to the
issuance of grading permits for areas including these slopes, plans shall be
16
submitted to CalTrans and the City Engineer showing the type and location of the
debris fences and/or deflection structures.
K Seismicity Study -- More detailed seismicity studies of the Cypress Canyon project
shall be submitted to the City Engineer for review and approval concurrently with
grading plans. Said studies shall include a site specific seismic risk analysis
Graded slopes shall be analyzed for earthquake loading in accordance with
accepted standards of practice which deal with factors of safety. The grading plan
shall be in conformance with all recommendations of the site specific seismic
study. (1-03)
45. That prior to approval of grading plans within an area in which the Four Corners
Pipeline (FCPL) is located or is proposed to be relocated, 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 by 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. (11-01)
46. That prior to approval of any grading plan within an 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 adjacent to the pipeline or relocating it identified during subsequent CEQA
reviews, the property owner/developer shall be responsible for financingAnplementing
any necessary mitigation measures. Said plan shall be approved by the Four Comers
Pipeline Company and reviewed by the City. Relocation of the pipeline shall occur at no
cost to the City. (11-02)
47. 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. (1-07)
48. That prior to approval of grading plans, the property owner/developer shall submit a
monitoring plan, prepared by an Orange County certified archaeologist, to the
Subdivision Section that ensures that the following actions are implemented:
A. The archaeologist must be present at the pre grading conference in order to
establish procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of artifacts if potentially significant
artifacts are uncovered. If the archaeological resources are found to be
significant, the archaeological observer shall determine appropriate actions in
cooperation with the property owner/developer for exploration and/or salvage
17
B. Specimens that are collected prior to or during the grading process will be donated
to the appropriate educational or research institutions
G Any archaeological work at the site shall be conducted under the direction of the
certified archaeologist. If any artifacts are discovered during grading operations
when- the archeological monitor is not present, grading shall be diverted around
the area until the monitor can survey the area
D. A final report detailing the findings and disposition of the specimens shall be
submitted to the City Engineer. Upon completion of the grading, the archaeologist
shall notify the City Engineer as to when the final report will be submitted A
copy of the final report shall be submitted to the Zoning Division.
E. If the Public Works - Engineering and Planning Departments determine that
development of the proposed project will have any impact on the site of the
Claymont Clay Mining complex and Confidence Coal Mine (located within the
property sold to the Nature Conservancy/State Department of Fish and Game),
further documentation shall be prepared by the Specific Plan area property
owner/developer in order to preserve information relating to early mining in
Orange county. This documentation shall include but not be limited to,
archeological exploration/mapping and historical research. These findings shall
then be incorporated into an Archaeological/Historical Report consistent with
professional standards (4-01)
49. That prior to approval of mass grading plans, the property owner/developer shall submit
a monitoring plan, prepared by an Orange County certified paleontologist to the
Subdivision Section that ensures that the following actions are implemented
A. The paleontologist must be present at the pre grading conference in order to
establish procedures for temporarily halting or redirecting work to permit the
sampling, idents, fication, and evaluation of fossils if potentially significant
paleontological resources are uncovered If the paleontological resources are
found to be significant, the paleontological observer shall determine appropriate
actions in cooperation with the property owner/developer for exploration and/or
salvage.
B. Known paleontological sites identified through the literature and records search
and the field survey shall be reviewed by trained paleontologists before any earth
moving activities start.
G Specimens that are collected prior to or during the grading process will be donated
to the appropriate educational or research institutions
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D. The property owner/developer shall provide the City Engineer with proof, in the
form of a letter from the paleontologist that the property owner/developer has
provided the paleontologist with detailed mapping of geologic units present on the
property. Said mapping shall be prepared by a geotechnical engineer. If the
information is deemed to be incomplete by the paleontologist, then time as
determined by the City Engineer, shall be provided to the paleontologist to
complete such mapping prior to grading.
E. Any paleontological work at the site shall be conducted under the direction of the
certified paleontologist. If any fossils are discovered during grading operations
when the archeological monitor is not present, grading shall be diverted around
the area until the monitor can survey the area
F. A final report detailing the findings and disposition of the specimens shall be
submitted to the City Engineer. Upon completion of the grading the
paleontologist shall notify the City Engineer as to when the final report will be
submitted A copy of the final report shall be submitted to the Zoning Division.
(4-02)
50. That prior to approval of grading plans, evidence shall be presented to the Public
Works -Engineering Department that the property owner/developer has notified the US.
Coast and Geodetic Survey regarding the relocation of the historic benchmark and
associated witness post Any relocation of the historic benchmark and associated witness
post shall be carried out in cooperation with the US. Coast and Geodetic Survey. (4-03)
51. That in conjunction with the submittal of each mass grading plan, the property
owner/developer shall submit a dust and erosion control plan for review by the
Subdivision Section. The dust and erosion control plan shall be approved by the City
Engineer concurrently with the mass grading plan. The dust and erosion control plan
shall.
A. Specify steps that will be taken to comply with South Coast Air Quality
Management District (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,
R Specify measures to be taken to control dust including daily watering of exposed
surfaces during and after grading ceasing grading operations during strong winds
when fugitive dust is leaving the site, planting or polymer soil binding program to
cover disturbed areas as soon as possibly washing wheels of trucks traveling on
City streets and the feasibility of conducting grading in a phased manner to
minimize the area of exposed surfaces Further, the property owner/developer
shall submit an exhibit to the Field Engineer each quarter showing exposed areas
covered by hydroseeding or polymer and permanently landscaped areas,
19
C. Show compliance with standard City measures for dust control as specified in
Section I ZO6040 of the Anaheim Municipal Code and the Standard
Specifications for Public Works Construction;
D. Specify a dust and erosion control phasing plan designed to limit the exposed
areas by completing and covering graded areas before additional areas are graded
(6-01)
52. That prior to the public hearing for each grading plan,. the property owner/developer shall
submit an erosion control plan prepared by a registered civil engineer for review by the
Subdivision Section. Erosion/runoff shall be controlled per City requirements, and shall
include provisions to prevent alteration, sedimentation or other deposition of material in
preserved drainage courses The erosion control plan shall be prepared in compliance
with the mitigation measures identified in Final EIR No. 298 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 development is complete. After each
storm (i.& 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. The Erosion Control Plan shall include, but not be limited
to, the following:
A. During the interim period before the ground cover takes holm straw, wood chips,
hydroseeding, plastic (visqueen) or other stabilizing agents shall be used
A Soil on graded slopes shall be strengthened by planting to reduce the potential of
erosion when directed by the City Engineer.
G Site construction shall be phased so the interim condition may require temporary
toe ditches, risers, and headwalls Interim erosion control facilities shall include,
but not be limited to, sandbagging, desilting basins and additional measures as
approved by the City Engineer.
D. Regarding trails identified as County Regional Trails, the property owner/developer
will be required to obtain County review and approval of trail right-of-way
alignments, widths and improvements to insure their consistency with County trail
standards. Grading plaits for trails will also be reviewed and approved by the City
Engineer. Conformance with City Standards will minimize the incidence of
irrigation runoff and grading irregularities (2-03)
53. That prior to approval of grading p" -Is, the property owner/developer shall submit
drainage plans for review and approval by the City of Anaheim Public Works -
Engineering Department. The drainage plans shall provide for diversion of runoff to
minimize downstream erosion and cutting however, the plans shall also be designed to
20
ensure that the existing quantity and quality of water supplies to downstream areas are
consistent with the existing conditions. (3-15)
54. That prior to approval of the first mass grading plan for Development Areas 10, IIA,
IIB, 12 and a portion of 15, which are adjacent to the Owl Rock sand and gravel
operation, landscaping plans, including provision for a temporary landscaped
berm/screening for the areas adjacent to the Owl Rock 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 17.06137
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 landscape
mitigation measures identified in FEIR No. 298. (6-08)
55. That prior to the commencement of any blasting, the property owner/developer shall
obtain a permit from the Anaheim Fire Marshal pursuant to the City of Anaheim
Municipal Code (Section 17.06 270 'Excavation Blasting - Permit, Application and
Report" of Title 17) and notice of the commencement date of blasting shall be provided
to all property owners within the Cypress Canyon boundaries, property owners within
one-half mile of the blasting area, Caltrans, the County of Orange, the City of Yorba
Linda and any other persons/agencies determined appropriate by the Fire Marshal/City
Engineer. (1-05)
56. That prior to issuance of building permits, the property owner/developer shall submit a
Program for review and approval by the City Engineer, to provide for. (1) the installation
and maintenance of near surface moisture monitoring devices on manufactured slopes,
and (2) the retention of services, on a quarterly basis, of a qualified professional to
control burrowing animals on manufactured slopes in an environmentally safe way. The
program shall be funded by the property owner/developer or another financial
mechanism acceptable to the City of Anaheim. (1-06)
LANDSCAPING
57. 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.
58. 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.
59. 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
21
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. The fuel
modification program (detailed in the Cypress Canyon Specific Plan document) consists
of fuel modification zones for natural plant materials to reduce fire hazards adjacent to
residential areas. (9-12)
60.* That landscape plans shall provide for native slopes adjacent to newly constructed
homes to 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.
61. 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. 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
prior to landscaping bonds being released for development in each phase of the project,
the property owner/developer shall submit to 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 landscape plans All
subsequent specimen tree removal requests shall be processed in accordance with Section
18.76130(F) of the Anaheim Municipal Code (Specimen Tree Ordinance). Specimen
trees to be affected by development are shown on DEIR Exhibit 24, Impacts to Specimen
Trees Specimen trees shall be replaced at a 2.1 ratio and shall be planted in the habitat
replacement area and on manufactured slopes throughout the project. (3-09)
62. 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.
63. That prior to approval of grading plans, the property owner/developer shall submit
landscaping and irrigation plans and an Irrigation Management Program to integrate and
phase the installation of common area and streetscape 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 connection with Site Plan, tentative tract or parcel
map approval If grading plans are processed prior to subdivision or Site Plan
approva4 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.
22
B. The landscaping plans shall be prepared and certified by a licensed landscape
architect. The landscape architect shall submit certification in accordance with
Anaheim Municipal Code Section 17.06.137. The landscape plans shall provide
visual screening of urban uses (residential commercial; schoo4 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 Anaheim Municipal Code Section 17 06137).
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. (2-04)
64. That 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 Cypress Canyon model homes.
65. 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.
66. That prior to the issuance of each certificate of occupancy for residential structures in
the RS -4000 Zone, the property owner/developer shall be responsible for installing
front yard landscaping. Further, 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 in accordance with landscaping plans
approved by the Planning Commission.
W
67. 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 planting or 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) *
IN. Hottentot -fig (Carpobrotus edulis)
P. Garland chrysanthemum (Chrysanthemum coronarium)
► Pampas grass (Cortaderia atacamensis)
No. French broom (Cytisus monspessulans)
► Scotch broom (Cydw scoparius)
► Bermuda buttercup (Oxalis pes-caprae)
► German ivy (Senecio mikanoides) 4
► Pink periwinkle (Plinca major)
No. Tamarisk (Tamarix spp.)
► Gorse ([lex 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. (3-16)
68. That prior to the issuance of the first certificate of occupancy 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. (2-09) (10-04)
69. That on-site landscaping and irrigation systems shall be maintained in compliance
with City standards.
70. That in connection with the submittal for approval of any tentative tract and/or parcel
map including or adjacent to water reservoir sites, conceptual landscape plans which
delineate techniques for screening the reservoir and electrical substation site, 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. (9-04)
71. That prior to approval of grading plans, the property owner/developer shall submit to the
Planning Department for Planning Commission review and approva4 a revegetation
program covering all graded slopes within the project grading area which are adjacent to
preserved open space areas The revegetation program shall be prepared by a qualified
Professional experienced in revegetation of native plant communities The revegetation
24
program shall include the following elements. timing, plant materials, irrigation,
maintenance and performance standards. (3-04)
72. 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. Landscape
plans adjacent to natural open space areas shall be prepared by a qualified native plant
landscape specialist and shall include a palette of plant materials that are similar to the
vegetation to be removed in connection with the grading. (3-03)
HYDROLOGY (STORM DRAINS
73. That prior to approval of the fust tentative tract or parcel map or mass grading plan,
whichever occurs first, the property owner/developer shall submit a final Master Drainage
and Runoff Management Plan (MDRMP) for review by the Public Works - Engineering
Department and approval by the City Engineer that conforms to the Drainage Master
Plan (DEIR Exhibit 19) and the Preliminary Drainage Assessment for Coal Canyon
(DEIR Technical Appendix CI, RBF Engineering February 14, 1990). 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. Implementation of the approved MDRMP and compliance with the
County of Orange NPDES Permit and Best Management Practices shall be made part of
the Conditions of Approval of each tentative tract map. The master plan shall includk
but not be limited to, 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. A delineation of the improvements to be implemented for control of project
generated drainage and nsnoff, demonstrating compliance with design criteria and
mitigation measures set forth in FEIR No. 298 for drainage.
C A description of the existing discharge conditions, post -development runoff
estimates and proposed drainage improvements to confirm the discharge levels
evaluated in FEIR No. 298 and, if necessary, identify provisions to reduce the
developed peak flow to pre -development levels, through such measures as
up -stream detention.
D. Detailed assessment of existing water quality, potential water quality impacts and
a description of proposed measures to maintain water quality, including the
following.•
25
1. Incorporation of structural and non-structural Best Management Practices
(BMPs). BMPs may include, but are not limited to, containment of
masonry and paint wastes on the construction site; proper disposal of
vehicle fuel and maintenance wastes; disposal of trash and debris;
prohibiting water washdown of paved areas (both during and after
construction); common car wash areas connected to the sanitary sewer;
and education/training for construction workers on these practices
Engineering details, maintenance procedures and funding responsibilities of
these BMPs shall also be described
2. Incorporation of measures to comply with applicable actions to be
identified by the Regional Water Quality Control Board (RWQCB) in
conformance with the State Water Resources Control Board (SWRCB)
statewide water quality control plan for inland surface waters, adopted
April 11, 1991. Should the RWQCB not determine these actions by
completion and approval of the MDRMP, the MDRMP shall identify
project specific actions for conformance with the numerical water quality
objectives of the statewide water quality control plan for stormwater
discharges
3 Description of a water quality monitoring program to monitor water quality
during and subsequent to construction and evaluate the effectiveness of
BMPs The water quality monitoring program shall identify (a) the
person/agency responsible for implementing the program, (b) specific data
as to current and projected contaminant loadings, based on information
from the STORET (County of Orange) model and/or other acceptable
models, (c) sources of pollutants in runoff (e.g., nuisance flows from
development areas, irrigation flows), (d) specific types of pollutants
expected in runoff that will be monitored (e g., total suspended solids,
phosphorous, lead), (e) water quality sampling stations that are
representative of runoff from the sources identified above (t) sampling
program methodology, including devices to be used and frequency and
duration of sampling, (g) method for evaluating data collected from
sampling program, including threshold standards for determining
effectiveness of BMPs, and (h) additional measures, if necessary, to
increase effectiveness of BMPs to the threshold standards identified in D(1)
above.
E. Special drainage -related mitigation shall be included for the 'i nonarch" Tecate
cypress, located in the lower part of the carryon Subdrains shall be installed as
required in order to prevent any potentially harmful collection of irrigation water
or water from other sources related to the development. During the installation of
these subdrains and the debris basin, care shall be taken to avoid earth
disturbance which could be harmful to the monarch Tecate cypress There shall
M
also be an undisturbed buffer SO feet from the dripline of the monarch Tecate
cypress in order to adequately ensure that there is no alteration to the hydraulic
regime (both surface and subsurface).
F. Transport of sediment to the Santa Ana River shall be minimized to prevent
negative effects upon percolation in the downstream recharge system due to
deposition of fine materials. This control of sediment transport will be designed to
provide approximately the same amount (as the current condition) of sediment
transported from Coal Canyon to the Santa Ana River in order to maintain the
current equilibrium condition that exists in the Santa Ana River.
G. Recommendations of the Final Sediment Yield Study (see Appendix A of FEIR
No. 298 Response to Comment document, Sediment Yield Study, Robert Bein,
William Frost and Associates, September 1991) shall be incorporated as
additional mitigation measures as part of the MDRMP.
H. A slimmer for oi4 grease, and other floatables will be included in the detailed
design of the wet basin. Maintenance of the skimmer and undesirable
accumulations of settled material will also be specified
I. All stormwater regulations contained in the MDRMP shall be prepared based on
the stormwater regulations promulgated by the EPA for compliance with its
NPDES program and the Water Quality Control Act of 1987. In particular, the
MDRMP mitigation plan shall require the distance between the percolation
groundwater and surface water to be at least 2 to 4 feet in order to preclude
problems with contaminated surface water in conformance with EPA criteria.
J. Associated impacts on the aquifer will be partially mitigated through features
contained in the proposed drainage system. A debris basin shall be constructed at
the upstream limit of the development area, which will also function as a
percolation area. The basin will collect the larger debris and sediments prior to
entering the storm drain system. In addition, the proposed mitigation plan shall
allow nuisance flow and low frequency storms to flow through biological habitat
areas which would allow longer detention of runoff and more percolation for
groundwater recharge. The property owner/developer and/or another financial
mechanism acceptable to the City shall be responsible for maintenance of
drainage facilities
K Debris basins shall be used during construction as mitigation for sediment
generation and runoff contamination. Established standards and practices will be
used for erosion and runoff contro4 and will comply with the Regional Water
Quality Control Board's General Construction Permit conditions
27
L. Periodic cleaning (i.e., street sweeping) of public streets by the City to remove
small particle -sued sediments with absorbed pollutants caused by uses of the area.
M. Mechanisms to control pesticides and fertilizer usage shall be identified and
carefully controlled as a function of the Master Drainage Plan and Runoff
Management Program (MDRMP). (2-01)
74. That prior to approval of grading plana the property owner/developer shall be required to
comply with all aspects of the NPDES permit process, .including the requirement to
submit a Notice of Intent (NOI) to the State Water Resources Control Board for
coverage under the State NPDES General Permit for Stormwater Discharges Associated
with Construction Activity. (2-05)
75. 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 Plans shall further provide
for erosion runoff from slope terrace drains to be controlled by conducting a soil
catchment structure at each location where runoff from slope terrace drains enter public
drains or public rights-of-way. The sediment traps and soil catchment structures shall be
constructed prior to issuance of any certificates of occupancy for the tract or parcel map.
These structures shall be maintained by the property owner/developer or another
financial mechanism acceptable to the City. (2-06)
76. That prior to the approval of any 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 drainage mitigation measures set forth in FEIR No. 298 for drainage.
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.
77. That prior to approval of each final tract map or parcel map, the properly
owner/developer shall:
A. Submit to the Public Works -Engineering Department, Subdivision Section for
review and approva4 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. 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 Departmen4 including.
1. Local drainage facilities shall be designed for the 25 year glow rate
2 Local facilities at sump locations shall be designed for 25 year f lowrates
Sumps without a secondary outlet shall be designed for 100 year flow rates,
and regional facilities should also be designed for 100 year flows
3. Local street drainage criteria requires the 25 year flooded depth to be
below the top of curb and arterial highways shall have one, twelve (12)
foot lane free of water in the 100 year storm.
B. Pay the appropriate drainage assessment fee to the City of Anaheim in an amount
as established by City Council prior to the approval of each final tract or parcel
map. (2-07)
78. That prior to the issuance of certificates of occupancy, the property owner/developer shall
submit to the Maintenance Department, for review and approva4 information provided to
fust time homebuyers regarding disposal of pet wastes, waste oil and grease, and pesticide
containers. (2-02)
79. That manholes and catch basins shall be cleaned on a yearly basis, or as otherwise
determined by the governing agency, including private storndrains maintained by the
property owner/developer or another futancial mechanism acceptable to the City. (2-10)
80. That the property owner/developer shall be financially responsible for the following
items:
A. The construction of the Master Plan drainage facilities;
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
81. That in conjunction with the submittal of each tentative tract or parcel map, the
property owner/developer shall provide information regarding the sizing requirements
29
AO-- - -
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.
82. That 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 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. (9-02)
83. That prior to approval of each 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.
84. That the On -Site Water Distribution System Plan (Exhibit 30 of the Specific Plan
document) indicates the conceptual locations of the water storage reservoirs and
pump stations. Prior to the approval of the first 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. If there are any additional
environmental concerns relating to the location of the water storage reservoirs and
pump stations identified during subsequent CEQA reviews, the property
owner/developer shall be responsible for financing any reports/studies 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 water storage reservoirs and
pump stations shall be included in any reimbursement agreement for area -wide
improvements.
85. That in connection with the submittal for approval of any tentative tract and/or parcel
map or grading plan, a short-term water conservation plan to reduce water use
associated with project grading and construction will be reviewed and approved by the
Water Engineering Division of the Utilities Department. (9-05)
86. That prior to the approval of the fust tentative tract or parcel map, whichever occurs first,
the property ownerldeveloper shall submit a Water Master Plan of Improvements to the
City Water Engineering Division of the Utilities Department for review and approval from
the General Manager, Utilities Department. The plan shall identify methods for
supplying water to the site, and the funding mechanism to be utilized to implement these
methods (9-01).
Said plan shall also contain provisions for payment of Master Plan facilities on a fair
share basis. Upon approval of the Master Plan of Improvements, said plan shall be
incorporated into the Specific Plan Public Facilities Plan by reference and shall be
carried out in accordance therewith. The General Manager, Utilities Department
reserves the right at any time to revise and update the Water 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 Water
Master Plan of Improvements prior to said revision. In accordance with the Water
Utility's Rates, Rules and Regulations and the Cypress Canyon 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 proposed 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 McCulloch 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 On-site
Water Distribution System Plan (Exhibit 30 of the Specific Plan document)
shall be in accordance with the Utilities Department requirements for each
development phase. Contiguous water pressure zones shall be coordinated
with the Mountain Park development.
F. Mitigation Measure Compliance Report showing compliance with water
mitigation measures identified in FEIR No. 298.
G. To the extent the property owner/developer may qualify for reimbursement
from other benefitted properties, the property owner/developer may petition
31
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 of Improvements shall be submitted to
the Subdivision Section. Any subsequent amendment to the plan shall also be
submitted to the Subdivision Section.
87. That prior to the approval of each 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.
88. That in conjunction with the recordation of final tract or parcel maps, the property
owner/developer shall irrevocably offer to dedicate to the City the land and
easements required for implementation of the water system to support that map. The
reservoir sites shall be offered for dedication with the final maps, or when required
by the City.
89. That prior to approval of each final tract or parcel map, 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.
90. That prior to approval of the first final tract or parcel map, whichever occurs first, the
property owner/ developer shall enter into an agreement to extend and construct, on a
fair share basis, the necessary off-site and on-site water improvements in accordance with
the Water Utility's Rates, Rules, and Regulations The Water Distribution Plan shall be
Prepared in accordance with the Water Master Plan of Improvementsand approved by
the Water Engineering Division of the Utilities Department. (9-03)
9L That prior to issuance of building permits, the property ownerldeveloper 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 Plans submitted for
building permits shall show that the buildings have been designed to incorporate water
conservation techniques The measures shall be in place prior to issuance of use and
occupancy permits and shall include but not be limited to, the following:
32
A. Low flush toilets and urinals (Health and Safety Code Section 17921.3);
B. Maximum flow rate of all new shower heads, lavatory faucets, and sink faucets
(Title 20, California Code of Regulations Section 1604[fj);
C Appliances certified by manufacturer to comply with regulations established by
applicable efficiency standards (Title 20, California Code of Regulations Section
1606[b]);
D. Public lavatories equipped with self-closing faucets that limit the flow of hot water
(Government Code Section 7800),
E. Hot water pipes insulated to reduce water used before hot water reaches
equipment or fixtures (Title 24, California Code of Regulations Section 2-5352[i]
and [1f);
F. Conservation reminders posted in rooms and restrooms;
G. Thermostatically controlled mixing valve for bath/shower;
H. Implementation of efficient irrigation systems to minimize runoff and evaporation.
(10-05)
92. 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.
93. That reservoirs will be located and designed in a manner which screens them from
public view. Prior to approval of the tentative tract or parcel map, 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
94. That prior to approval of final tract or parcel maps, the property ownerldeveloper shall
insta14 bond for, or otherwise secure on-site electrical facilities in accordance with the
City of Anaheun Public Utility Electric Rates, Rules and Regulations, and provide
evidence of this fact to the City Utilities Department. (9-18)
95. That, for electrical substation site and underground 69kV Transmission and 12kV
Distribution lines, prior to the approval of the first tentative tract or parcel map,
whichever occurs first, the property owner/developer shall enter into an agreement with
33
the Utilities Department to dedicate or reimburse their 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 25 acres. In addition, any right-of-way or easements necessary to provide access
to the substation site for 69kV 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 approved by
the City which will best serve the needs of the existing City of Anaheim, Mountain Parr
Cypress Canyon and any other new developments in the Gypsum and Coal Canyon
areas To the extent the property owner/developer may qualify for reimbursement from
other benefited 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 fumished to the Planning Department and the Utilities Department and shall be
subject to approval by the Utilities Department and the City Attorney's Office. (9-19)
96. That, for underground 69kV transmission lines, the property owner/developer shall
provide and install underground conduits and substructures, and shall pay their
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 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.
97. That, for electrical substation site and underground 69kV Transmission lines, 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 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.
98. 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 Coal 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,
34
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. Prior
to the approval of each tentative tract or parcel map, the property owner/developer
shall provide an updated construction and phasing schedule to the Electrical
Engineering Division.
99. 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.
100. That, for Underground Distribution systems, the property owner/developer shall have
the financial 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.
101. That, for Underground Distribution 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.
102 A. That, for electrical 12kV distribution systems and electrical street light and
communication systems planned for Santa Ana Canyon Road, the property
owner/developer shall construct a conduit, substructure system in the portion
of Santa Ana Canyon Road located within the project boundaries. The
property owner/developer shall pay a fee in accordance with the Electrical
Rate, Rules, and Regulations, for the installation of underground cables,
padmounted switches, and related facilities to complete an underground line
extension in that portion of Santa Ana Canyon Road.
B. That, if the Cypress Canyon property owner/developer requires electrical
service prior to the Mountain Park development, the Cypress Canyon property
owner/developer shall be responsible to provide an underground electrical and
communication conduit and substructure system along portions of Street "D"
and/or Santa Ana Canyon Road outside of the project boundaries. The
35
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property owner/developer shall pay a fee for the installation of underground
cable, padmounted switches, and related facilities to complete an underground
line extension along that portion of Street "D" and/or Santa Ana Canyon Road
connecting the East Hills Development to Cypress Canyon. Electrical Service
would only provide for preliminary electrical loads pending construction and
completion of the electrical substation. 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.
C. That the property owner/developer shall be required to pay their
proportionate share for the underground conversion of the Southern California
Edison (SCE) 12kV pole line located on Santa Ana Canyon Road east of the
east boundary of the East Hills Development (Bauer Ranch). Said overhead
to underground conversion, if SCE desires to maintain their circuits along
Santa Ana Canyon Road, shall be completed in conjunction with planned
street improvements.
D. That, if the Cypress Canyon property owner/developer is required to complete
street improvements along Santa Ana Canyon Road between the Cypress
Canyon development west boundary and the East Hills Development (Bauer
Ranch) prior to the Mountain Park Development, 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 Cypress Canyon
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 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.
103. That, for Street Light Systems, the property owner/developer shall have the financial
responsibility for the installation of Street Lighting Systems consisting of underground
36
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.
104. That, for Water, Electrical, 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.
105. That, for Electrical Distribution, Transmission, Communication and Street Light
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.
106. That, for Electrical Distribution, Transmission, Communication and Street Light
Systems, the property owner/developer shall ensure that 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 unit 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.
107. That, for In -Tract -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 shall be paid to the City prior to approval of the
final tract or parcel map.
108. That, for In -Tract -Electrical Distribution and Street Light Systems, the property
owner/developer shall provide and install on public streets a City street light system
as shown on the Underground Residential Distribution System Drawings for each
37
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.
109. That, for In -Tract -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.
110. That, for In -Tract -Electrical Distribution 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 unit 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.
111. That 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 for the dedication of the substation site and 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.
112. That a 500 kV Southern California Edison transmission line (Serrano -Mira Loma) is
located on site, in addition to several other easements. In connection with approval of
applicable tentative tract or parcel maps, as determined by the Electrical Engineering
Division of the Utilities Department, the City of Anaheim may require right-of-way and
access to the Serrano -Mira Loma easement. (9-20)
ENERGY CONSERVATION
113. That prior to issuance of building permits, the property owner/developer shall
demonstrate to the Chief Building Official that all structures in the project development
will comply with the California Energy Commission conservation measures recommended
for residential and non-residential buildings and with Title 24 building standards 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 (10-02)
C:
114. That the property owner/developer shall instruct its architect, engineers and landscape
designers, etc. to consult with the City of Anaheim Energy Services Division in order 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 provide energy
efficient roadway lighting, to establish landscaping intended to reduce electrical and water
consumption, and other mitigating measures to offset potential impacts to the City
electrical system. 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 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. (10-01)
115. A. That the Southern California Gas Company has developed several programs
which are intended to assist in the selection of the most energy efficient water
heaters and furnaces. The developer shall implement a program to reduce the
demand on natural gas supplies Said program shall be reviewed by the Southern
California Gas Company and submitted to the Chief Building Official prior to
issuance of the first building permit. (9-21)
B. 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 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. The property owner/developer shall further 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.
No. Use of fluorescent lamps for indoor lighting and halogen lights for outdoor
lighting.
► Use of waste heat in non-residential buildings.
39
► 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 o
No. Finishing exterior walls of buildings with light colored materials to increase
heat retention in buildings.
► Roadway lighting shall be energy efficient. (10-03)
STREET MAINTENANCE./SOLID WASTE
116. That prior to the approval of the first tentative tract or parcel map, whichever occurs first,
the property owner/developer shall enter into an agreement with the Department of
Maintenance to provide a proportionate share of the cost to secure, grade level and
develop a Maintenance Facility site in the Mountain Park development. The site shall
be five acres of unencumbered, usable land provided at no cost to the City. 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 Mountain Park Development on an equitable basis 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 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. (9-27)
117. 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
and in accordance with specifications on file with said division.
40
118. 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.
119. 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. (9-26)
120. 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 shall 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. (9-25)
SEWERS
121. That prior to approval of the first tentative tract or parcel map or mass grading plan,
whichever occurs fust, the property owner/developer shall submit a Master Sewer
Improvement Plan for review and approval by the City Engineer and the County
Sanitation Districts of Orange County (CSDOC). This Master Sewer Improvement Plan
shall address potential impacts to the existing sewer system in the project vicinity and
shall include a more detailed identification and analysis of measures which will be
implemented by the property owner/developer to mitigate impacts upon the sewer system.
The plan shall also include:
A. Sewer layout
B. Sewer sue, including supporting calculations
C Sewer construction phasing (9-06)
122. That prior to approval of each final tract or parcel map, the property owner/developer
shall pay the appropriate sewer assessment fee as established by City Council Resolution.
(9-08)
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123. That prior to approval of each final tract or parcel map, 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.
124. 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.
125. That prior to issuance of each building permit, the property owner/developer shall pay all
fees for sewer service to the Orange County Sanitation District. (9-07)
126. That prior to issuance of certificates of occupancy, the developer shall obtain all permits
and construct all facilities required by the CSDOC and the City of Anaheim in order to
provide an acceptable level of sewage treatment service, within the capacity limits of
CSDOC Number 13. (9-09)
HABITAT ENHANCEMENT
127. That prior to the approval of grading plans affecting wetlands, applicable
permits/agreements consistent with the Clean Water Act Section 404 and Fish and Game
Code Section 1601 and 1603 provisions shall be obtained The following measures shall
be implemented as part of these permits/agreements:
A. Sites selected for suitability as riparian (including wetland) habitat mitigation
areas shall be evaluated by the U.S. Fish and Wildlife Service (USFWS) and the
State of California Department of Fish and Game (CDFG). These agencies shall
also evaluate implementation specifications for vegetation types to be replaced,
size and spacing of vegetation, irrigation techniques and soil treatments,
maintenance and monitoring specifications for site maintenance, terms of
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maintenance, frequency of monitoring, financing mechanisms and performance
standards. These sites shall provide for no net loss of wetland habitat.
B. Channel systems in the Habitat Replacement Program shall be situated along
Coal Canyon. The replacement areas shall provide a more constant source of
water than exists in the natural situation. This availability of water can be
combined with the specific channel design to provide conditions for diverse
habitat, e.g., willow trees in wetter areas, with cottonwood and sycamore trees in
drier portions of the channel and habitat pockets. Other portions of the habitat
replacement area will not have sufficient moisture to maintain wetland vegetation
and will function more like the existing seasonal drainage, supporting upland and
alluvial wash vegetation.
C. In conjunction with the wetland habitat replacement, upland habitat on the
adjacent land shall be enhanced and preserved In adjacent ungraded areas,
native plants shall be preserved in place, and existing disturbed areas shall be
enhanced with additions of appropriate native plants. In adjacent graded areas,
such as the upper banks of the habitat channe4 appropriate native plants shall
be used both to provide habitat value and to buffer the wetland habitat from
adjacent human activities Fencing may also be included as part of the buffers
adjacent to areas of high use. All fencing is subject to the review and approval of
the Planning Commission.
D. Prior to the approval of the first landscape plans, including buffer zones and fuel
modification zones, tree and plant palettes shall be chose in consultation with a
qualified biologist familiar with the possibilities of landscaping with native stock,
and shall be submitted for review and approval by the Planning, Fire and
Maintenance Departments Timing for planting in these areas will be determined
in connection with grading plan approval. (3-01)
128. 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, conducted by a qualified botanist familiar
with successful techniques for relocation of this species. The program shall be submitted
to the Planning Department for review and approval. Impacted populations of
many -stemmed dudleya will be relocated to suitable areas through a program of seed
propagation and/or corm relocation. Evidence that the relocation program has been
implemented must be submitted to the City of Anaheim Planning Department within 30
days of completion of the relocation work The program shall include:
Guidelines for relocation site assessment, to be based upon the assessment and
characterization of existing environmental conditions at the present population
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sites. Assessment criteria will include. slope aspect, soil characteristics, vegetation
cover, associated species, and plant species dominance.
Identification of suitable unoccupied relocation sites, based upon the above
criteria. It is anticipated that at least as many suitable replacement sites will be
identified in the dedicated open space areas as are impacted by the project. If a
sufficient number of appropriate sites cannot be found, suitable areas will be
investigated for site creation or modification. Any necessary plans for site
creation/modification will be developed that will incorporate site excavation, soil
handling and associated species planting.
Guidelines for propagule collection, based upon the time of year relocation
activities begin and the stage of growth of plants at that time.
• Planting guidelines, including techniques for site preparation, planting,
stabilization of new plantings and erosion control.
Guidelines for propagation of a reserve supply of seeds and stems to ensure the
ability to replant if necessary in the event of accidental disturbance or other
human induced failure of the mitigation effort.
• Maintenance and monitoring guidelines for three years, to include site visits during
the initial planting and establishment period application of irrigation water and
exotic weed removal as necessary, and periodic evaluation of the sites for the
general health of plants and seedlings, browse damage soil moisture content and
vandalism.
Procedure for recommending reasonable corrective measures to promote successful
establishment of the plants
Provisions for reporting monitoring results to the City on an annual basis for three
years. The purpose of these monitoring reports will be to increase the body of
knowledge for these types of mitigation efforts, thereby increasing the effectiveness
of mitigation programs for this and other species in the future. (3-10)
129. That prior to approval of the first tentative tract or parcel map or mass grading plan,
whichever occurs first, wildlife water supplies (well fed water troughs) shall be placed in
canyon areas to the south of the development area (but within the Specific Plan
boundary) to reduce the need for wildlife movement to the Santa Ana River. The
locations of these water supplies shall be determined by a qualified biologist, and agreed
upon by the State Department of Fish and Game. (3-11)
130. That prior to approval of the first tentative tract or parcel map for building purposes, or
mass grading plan, whichever occurs first, the property owner/developer shall.•
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A. Submit a Wildlife Corridor Plan and a corresponding Monitoring Plan for the
Mindeman and 'B" Canyon culverts (as shown in Aerial Photo - Wildlife
Corridors, Exhibit 22 of the EIR No. 298 document) for review and approval by
the Planning Commission. Said plan shall be prepared by a qualified biologist
through a process which includes solicitation of input and participation from
local and state agencies and interested individuals, and,
B. Ensure that the corridors are in place in accordance with the approved plan to the
satisfaction of the Planning Commission. (3-12)
131. That a qualified biological monitor shall be present at any pre grade conference, during
any mass grading and periodically during construction for areas in or adjacent to areas
where natural vegetation is to be preserved to ensure that natural vegetation areas
designated for preservation are properly protected during grading and/or construction.
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. (3-05)
132. During grading of the project, a qualified biologist shall be on site to recommend
preservation of significant native vegetation. Said recommendations shall be reviewed by
contractors and implemented if determined feasible. (3-02)
133. That prior to the approval of landscape plans, a qualified arborist, horticulturist, or other
landscaping professional shall submit a report to the Planning Department with
recommendations to preserve the health of the remaining resources following completion
of grading adjacent to effected areas Proof in the form of a letter shall be submitted to
the Planning Department on a quarterly basis for a period of 24 months following each
phase of grading adjacent to effected areas, to indicate compliance with this mitigation
measure. (3-08)
134. That prior to approval of grading plans, grading plans shall be submitted to the Planning
Department for review to ensure that.
A. During construction, the willow riparian areas, the Tecate cypress forest and the
preserved oak and sycamore trees that are adjacent to grading areas shall be
temporarily fenced off with orange fencing material or otherwise protected to
prevent grading or the storage of heavy equipment and building materials in these
habitats Fences shall be placed 25 feet from the outer edge of trees. Proof in the
form of a letter, pictures and location map of the site shall be submitted to the
Public Works - Engineering Department:
B. During grading and construction in the vicinity of riparian woodland and wetland
areas, these areas shall be temporarily fenced off with orange fencing material to
prevent grading material or spoils from being placed or stored near or on top of
any riparian woodland or wetland area Proof in the form of a letter, pictures
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and location map of the site shall be submitted to the Public Works - Engineering
Department.
C. Clearance of native plant materials in fuel modification zones shall be limited to
that required by the City approved fuel modification plans.
D. Construction shall not be conducted adjacent to wetland areas between October
15 and March 15, or for other time periods based on special erosion control
measures as approved by the City Engineer.
E. Graded slopes adjacent to the main canyon shall be revegetated, and, combined
with the riparian habitat replacement in the carryon, will serve to provide wildlife
movement opportunities, particularly for birds and other small species, and larger
species that are tolerant of human presence, such as the coyote. (3-06)
135. That construction or entry in designated preservation areas shall be prohibited except
for necessary construction related activities, such as surveying.
136. That prior to the approval of any grading plan, the property owner/developer shall
demonstrate to the City that vegetation clearing and grading shall be conducted in
compliance with the Federal Migratory Bird Treaty Act. All clearing shall be carried out
in accordance with the sections of that Act which deal with the taking of nests.
Monitoring shall take place during the nesting breeding period (February through July)
and shall be carried out by a qualified biologist. (3-13)
137. That where cut and fill slopes encroach on preserved wetland habitats, slope angles shall
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 approval of grading plans. (3-14)
-- 138. 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. (3-07)
139. That prior to the approval of Site Plans adjacent or in the vicinity of open space areas,
plans shall be submitted to the Planning Department for Planning Commission review
and approval in conjunction with Site Plans 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. (3-I8)
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140. That all potential home buyers 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 which are associated with living near
such an area; and fire -related management aspects of the Tecate cypress forest, such as
the trees' high fire potential 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 This statement shall advise residents of the dangers to pets and the effects on
wildlife that result from allowing pets to roam freely. Further, the statement shall
indicate that dogs and cats shall not be allowed to roam freely in the natural open space
areas, and that this requirement will be enforced through the CC&Rs. The statement
shall be submitted to the Zoning Division prior to the issuance of building permits
(3-17)
PARKS
141. That satisfaction of the City's Park Ordinance shall be met by the dedication and
development of a 9.5 -acre neighborhood park as specified in the Specific Plan with
vehicular and pedestrian access to the park approved by APRCSD and the Traffic
Engineering Division. At least 50% of the 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
tentative tract or parcel map, 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 tract
or parcel map, 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 each final
tract or parcel map, bonds shall be posted for trail improvements as part of in -tract
improvements.
A. In addition to specifications for trail width and grade, the City of Anaheim
maintains trail specifications for erosion protection and general trail maintenance.
The property owner/developer will be responsible for implementing and
maintaining project trails in accordance with City standards
B. Trails will be maintained by the property owner/developer or another financial
mechanism acceptable to the City of Anaheim.
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C. The safety of persons using the pedestrian trails in the vicinity of the commercial
uses and intersections of proposed arterial highways will be analyzed and
addressed at later levels of entitlement (Le., subdivision, Site Plans, etc.). Steps
which may be taken at that time include signalization, signage physical separation
of trails and traffic, etc. (6-11)
143. That the park site shall be developed in accordance with APRCSD standards, the
Specific Plan and the City's Park Dedication Ordinance (including the local Park Site
Criteria), and will be subject to APRCSD approval.
144. That specific facilities for the park shall be determined through the Park Master Plan
processes conducted by the Parks, Recreation and Community Services Department.
145. 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.
146. 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 Park 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 and their inspection consultants at the
property owner/developer's cost.
147. That the property owner/developer shall provide for the consultant(s) who prepared
the construction documents to provide construction observation to ensure the project
is constructed as intended.
148. That no portion of the park shall be encumbered by the Four Corners Pipeline.
149. That the dedicated park site shall be graded flat with an average slope of 2%, and no
slopes greater than 5% will be included in the park site. No slopes greater than 5%
will be accepted by the City for maintenance. Variations from these standards may
be approved by APRCSD based on grading, aesthetics, drainage and the
City -approved Park Site Master Plans.
150. All dedicated properties shall be free of encumbrances or easements unless otherwise
acceptable to APRCSD. Before the dedication of the park is accepted by the City, a
Title Report for that park must be provided by the property owner/developer and
approved by the City.
151. That prior to the approval of final tract or parcel maps where the park and trail
improvements 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.
152. That the property owner/developer shall pay its proportionate share of land acquisition
(1.4 -acre minimum parcel) and improvement costs to construct a 10,000 square foot City
community center, in conjunction with the Mountain Park project, and others (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 City
community park in the Mountain Park development. An escalator clause consistent with
the Construction price index shall increase the value of the 1991 figure until the actual
construction project is awarded The land and improvement costs 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 tentative tract or parcel map, whichever occurs first. (9-29)
153. That prior to the approval of the first tentative tract or parcel map for any Phase II
residential development in Cypress Carryon, the exact location and park boundary shall
be identified Said park shall be subject to the review and approval of Anaheim Parks,
Recreation and Community Services Department (APRCSD). Prior to the approval of
the first final tract or parcel map for any Phase II residential development, whichever
comes first, the park site shall be irrevocably offered for dedication to the City of
Anaheim. The park facility shall be complete prior to issuance of any residential
building permits in Phase II, unless approved in writing by APRCSD and the property
owner/developer. (9-28)
154. 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 consistent with other comparable
costs in the City. The property owner/developer shall construct the park based upon
the Master Plan, as approved by the City's Park and Recreation Commission.
POLICE
155. 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 shall 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
49
prior to issuance of a building permit where no subdivision is involved (9-10)
156. That prior to the approval of the first 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 1,550 dwelling units and 8 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
157. 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 shall participate in the funding of the construction of the proposed
library facility in the East Hills Planned Community. Unless a Development Agreement
specifies otherwise, fees shall be paid prior to approval of each final tract or parcel map,
or prior to issuance of a building permit where no subdivision is involved (9-11)
158. That prior to the approval of the first 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 1,550 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
159. 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.
(9-22)
160. That prior to approval of the first tentative tract or parcel map, whichever occurs fust, the
properly owner/developer shall reserve a ten -acre school site that is acceptable to the
OUSD. (9-23)
161. That prior to the approval of the first tentative tract or parcel map, whichever occurs first,
the property owner/developer shall complete the Cypress Canyon Facilities and Financing
Agreement in accordance with a Memorandum of Understanding between OUSD and
the property owner/developer. (9-24)
WC
162. That 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. 62 under the "LANDSCAPING" section herein.
163. 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.
164. That the Orange Uni, lied School District shall be encouraged to coordinate with the
Traffic Engineering 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. (6-09)
FIRE
165.* 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.
166.* 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.
167.* That all lockable pedestrian and/or vehicular access gates shall be equipped with
"knox box" devices as required and approved by the Fire Department.
168.* That prior to issuance of certificates of occupancy, all buildings, including residential
buildings, shall have fire sprinklers instaiiei4 in accordance with City of Anaheim
Ordinance No. 4999 (9-15)
169.* 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.
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170. 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.
171. 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.
172. 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.
173. That prior to issuance of the first certificate of occupancy, the Fire Marshal and the
Director of Parks, Recreation and Community Services shall approve the text and
materials for signs to be posted at appropriate locations regarding the potential fire and
other safety hazards (including the presence of mountain lions) in the Specific Plan
natural open space areas These signs shall also make it clear that hunting is prohibited
in the natural open space areas, shall identify restrictions on all free roaming pets within
the natural open space area and shall state that permitted uses in natural open space
areas shall be limited to hiking, walking and other uses that minimize disturbance of the
wildlife habitat. (3-19)
174. 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 is in accordance with
Fire Department service requirements. 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 facilities acceptable to the Fire Department.
175. That prior to the approval of water improvement plans, the water supply system shall be
designed to provide sufficient fire flow pressure and storage for the proposed land use and
fire protection in accordance with Fire Department requirements. (9-14)
176.* 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.
177. That prior to issuance of certificates of occupancy, the property owner/developer shall
place emergency service telephone numbers in prominent locations as approved by the
Fire Department. (9-16)
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178A. Prior to the issuance of the certificate of completion by LAFCO for annexation of the
Cypress Canyon project area to the City of Anaheim, the property owner/developer and
the City of Anaheim shall have reached an agreement with the California Department of
Forestry to provide wildland fire protection for the annexed lands, or shall jointly
represent in writing to the LAFCO Executive Officer that adequate wildland fire
protection has been secured for the annexed lands (11-07)
B. That the property owner/developer shall provide and maintain access through the Cypress
Canyon Specific Plan property to insure continued access for fire suppression vehicles
traveling beyond the property in response to a wildland fire in the Cleveland National
Forest. Said access routes shall be approved by the Fire Department and an access
easement, in a form satisfactory to the City Attorney and City Engineer shall be recorded
with the office of the Orange County Recorder prior to approval of the first tentative tract
or parcel map. Prior to the approval of each tentative tract or parcel map, the Fire
Department shall review and approve a fire access plan to ensure that prior to issuance
of building permits or placement of combustible materials on-site that the appropriate
temporary or permanent fire service facilities will be in place to service the site The
Cypress Canyon property owner/developer shall be responsible for securing facilities
acceptable to the Fire Department. (9-17)
179. That prior to submittal of each tentative tract or parcel map and Site Plan, plans
incorporating safety features (Le. vehicle access, fuel modification zones) shall be
submitted to the Fire Department for review and approval In conjunction with the
submittal of all Site Plans, landscape plans shall be submitted to the Planning
Department for Planning Commission review and approval in conformance with the
Cypress Canyon Specific Plan.
A. When adjacent to a fuel modification zone, a minimum 20 foot setback shall be
required from all edges of the graded pad for all structures (Le. patios, gazebos,
decks, out buildings, house or garage) abutting the fuel modification zone. This
setback of each residence and its auxiliary buildings shall be reviewed and
approved by the Fire Department prior to approval of Site Plans and issuance of
building permits.
B. Landscape plans shall identify "wet" zones. Said plans shall be reviewed and
approved by the Fire Department prior to approval of landscape plans
Depending on the grade of the slope, uphill or down, a minimum wet zone of 30
feet shall be required between the edge of the graded pad and the dry zone.
Vegetation in this area shall consist of irrigated landscaping and guidelines shall
be established by the Fire Department shall be followed
G Landscape plans shall identify I*y" zones. Said plans shall be reviewed and
approved by the Fire Department prior to approval of landscape plans
Depending on the slope and the fire severity of the natural vegetation, a minimum
53
dry zone of 25 feet shall be required Thinning or removal of heavy perennial
brush shall be required. Large shnibby plants shall be thinned out and cleared of
all dead wood All dead or dying growth shall be removed. Thinning in the first
portion of the dry area shall consist of removing 70 percent of chaparral leaving
specimen plant material, Spacing between the plant material shall be limited to
no closer than 20 feet on center. The ground shall be cleared of all accumulated
litter. In the remaining dry area, thinning shall consist of removing 30 percent of
chaparral leaving specimen plant material, Spacing between the plant material
shall be limited to no closer than 15 feet on center. Replanting of low volume,
fire resistant, drought tolerant plants shall be required for erosion and slope
control. Clearance of native plants in fuel modification zones shall be limited to
the requirements of the approved Fuel Modification Plan. The fuel modification
zone is intended to provide a functional interface between the natural
environment and the built environment, resulting in an area of reduced fuel load
that still retains some native vegetation.
D. The minimum fire flow requirements for each tentative tract map or parcel map
or each development area, whichever is smaller, shall be 1500 gallons per minute
flowing from the 2 hydrants with the lowest pressure. (I1-03)
E. Prior to the submittal of tentative tract or parcel maps adjacent to the boundaries
of the Cypress Canyon annexation area, should any fuel modification for the
Cypress Canyon project area be proposed to extend into areas outside of the City
of Anaheim, the property owner/developer shall be responsible for processing fuel
modification plans for said areas outside of the City of Anaheim with the
appropriate jurisdiction, including the provision of any required environmental
analysis Said fuel modification plans shall be submitted to the Anaheim Fire
Marshal for review and comment prior to approval and the maintenance
responsibilities shall be determined by the appropriate jurisdiction. (11-06)
180. That the following requirements shall be incorporated into the CC&R's, or a separate
unsubordinated covenant, which shall be reviewed and approved by the City Attorney
and recorded prior to the issuance of the first certificate of occupancy of each tract or
parcel map. The Anaheim Fire Chief may order removed and cleared within 10 feet on
each side of every roadway all flammable vegetation or other combustible growth and
may enter private property to do so. This measure does not apply to single specimens of
trees, ornamental shrubbery or cultivated ground covers such as green grass, ivy succulents
or similar plants used as ground covers, provided that they do not form a means of
readily transmitting fire As used in this section, "roadway" means that portion of a
highway or private street improved, designed or ordinarily used for vehicle travel It shall
be the responsibility of the property owner/developer to maintain all landscaped areas,
both wet and dry, in compliance with these minimum standards. (I1-05)
181. That prior to the approval of the first tentative tract or parcel map, whichever occurs fust,
54
the property owner/developer shall enter into an agreement (Fire Station Agreement) with
the Fire Department to dedicate a one -acre fire station site, pay fees or otherwise provide
a fair share of the cost to secure, grade leve4 and construct a new fire station facility.
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 fire station 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
Mountain Park Development on an equitable basis.
C. 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.
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. (9-13)
182. That prior to approval of Site Plans in Development Areas 3, 5, 6, 13, 16, 17, 18 and 19,
which are adjacent to natural open space, plans shall show adherence to the fuel
modification standards section of the Specific Plan. 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 and in
conformance with the standards as outlined below.
A. The roof covering of every building or structure shall be a roof covering meeting
the requirements or specifications of Class A roof coverings as set forth in the
Uniform Building Code.
B. No attic ventilation openings or ventilation louvers shall be permitted in soffits, in
eave openings, between rafters at eaves, or other overhanging areas. Attic or
foundation ventilation louvers or ventilation openings in vertical walls shall not
exceed 144 square inches each and should be covered with 1/4 inch mesh,
corrosion resistant metal screen and shall not be within 3 feet of any opening.
C. No projections shall be allowed in excess of 10 inches from exterior walls
(Le. -decks, balconies, roof overhangs, carports and attached patio covers) unless
the following standards have been met to the satisfaction of the Fire Department.-
55
epartment.
55
1. One hour fire resistive materials on under -side. An alternate to heavy
timber construction would be to enclose the projection from floor level to
the ground within six (6) feet horizontally from the outside edge with an
56
exterior type one-hour fire rated assembly per the 1988 Uniform Building
Code, Table 43-B.
2. Heavy timber construction
a Posts shall be 8" x 8" minimum
b. Floor Beams and Girders shall be 6" x 10" minimum
C. Floor joists shall be 2" minimum material
d. Floor and Roof Decking shall be 2" T&G, 1118" MG plywood 2
layers 1 " T&G plywood, or 3" nominal lumber set on edge close
together with staggered joints
e. Roof beams shall be 4'x 6' minimum
f. Roof rafters shall be 3' minimum material (blocked soundly or with
2" minimum wood coverings
3. Decks may be protected by an approved exterior fire sprinkler system in
lieu of heavy timber construction or one hour rated construction.
D. No treated or untreated wood shake or wood shingle material shall be used for
exterior wall coverings Exterior surfaces shall be protected by 1/2" Type X
Gypsum wallboard underlayment, tightly sealed or shall have an equivalent fire
rating. Eaves and other overhanging areas shall be protected by construction equal
to other exterior surfaces.
E. All exterior glass shall be double glazed unless the Chief Building Official
approves a limited application or acceptable alternative. Single glazing shall be
approved with a heat reflective coating.
F. All chimneys, flues and stovepipes shall be constructed with a minimum 12 gauge
wiremesh screen that is securely attached and shall cover the entire vent diameter
and not create any pockets or recesses.
G. Exemptions To Construction Requirements. (1) Non -habitable accessory structures
over 50 feet from habitable structures shall not be required to have fire resistive
wall protection; (2) Non -habitable accessory structures, except for carports, within
50 feet of habitable structures may be of type II N (non-combustible materials);
and (3) Carports open on two or more sides located within 50 feet of habitable
structures shall be of one-hour resistive construction. Supporting members shall
be heavy timber or protected by materials approved for one-hour fire resistive
construction. (11-04)
AESTHETIC/VISUAL
183. That prior to approval of any Site Plan, the property owner/developer shall submit plans
to the Zoning Division for Planning Commission review and approval. Said plans shalk
57
A. Incorporate architectural controls to maintain the rural character of the Canyon
(le., colors, roof materials, exterior building materials, fencing, etc.)
B. Be consistent with the Cypress Canyon Specific Plan Community Design Plan,
which establishes a design framework and criteria which the City of Anaheim and
the developers and designers of the Cypress Canyon community shall use as part
of the Site Plan review process to maintain natural open space character and
maintain the rural character of the canyon. (12-01)
184. That prior to approval of the first tentative tract or parcel map, Site Plan or grading plan,
whichever occurs first, within Development Areas 1 and 2, which are both within the
viewshed of the Riverside Freeway (SR -91), the property owner/developer shall prepare a
coordinated and comprehensive visual impact assessment for review and approval by the
Planning Commission. This assessment shall also indicate how the Landscape Program
of the Cypress Canyon Specific Plan for the commercial areas 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. This assessment shall be submitted to the County
of Orange and Caltrans for a 30 -day comment period prior to Planning Commission
review. (12-02)
AIR QUALITY
185. That all construction equipment shall 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 semi-annual basis (by
January 1st and July 1st), indicating that all construction equipment is being properly
serviced and maintained (6-02)
186. That prior to approval of grading plans, the property owner/developer shall submit a
construction traffic plan to the City Traffic and Transportation Manager for review and
approval. Said plan shall demonstrate that short term traffic congestion related to
construction is reduced to the maximum extent feasible. Construction involving roadways
shall be done during non peak traffic hours. A flag person shall be provided when
construction blocks the flow of traffic. Plans for constriction involving roadways shall be
reviewed and approved by the City Public Works -Engineering Department prior to
commencing work Plans shall include times of construction and location of flag people
in relation to flow of traffic (6-03)
187. 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 a letter to the Chief Building Official that these
materials are utilized in the project design, where feasible. Further, the first painting of
each structure shall be done with high -solid and water-based coatings wherever possible.
58
Departments compliance with a City Air Quality Element, if one has been adopted at the
time of the filing of said map. (6-12)
193. That prior to the issuance of building permits and/or occupancy permits, all future
occupants who require District permits shall provide documentation to the City of
compliance with SCAQMD regulations. (6-10)
NOISE
194. That no outdoor living areas will be subjected to CNEL levels greater than 65 dBA.
Appropriate mitigation (Le., setbacks, walls, and/or berming) will be implemented as
necessary (including potential mitigation for noise impacts resulting from operation of the
Owl Rock 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 prior to approval of Site Plans for single family attached and multifamily
homes. (7-04)
195. 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 single-family detached and prior to approval of Site
Plans for single family attached and multifamily homes (7-02)
196.* 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. (7-03)
197. 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. (7-01)
198. If Owl Rock Products construction activities in the Mountain Park Community occur
closer than 900 feet from Cypress Canyon residential development or if Owl Rock
Products sand and gravel extraction operations occur closer than 1700 feet from Cypress
Canyon residential development, then a detailed noise study shall be submitted in
connection with the effected Cypress Canyon tentative tract or parcel maps or Site Plans,
whichever occurs first, to identify the appropriate measures, including, but not limited to,
60
the use of berms or other noise barriers to attenuate noise levels or specifications in the
City of Anaheim Noise Ordinance. (7-05)
TRAFFIC./STREET IMPROVEMENTS
199. That prior to approval of the first 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 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. (8-15)
200. That in connection with the submittal of each tentative tract or parcel map, 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. 298
mitigation measures and/or conditions on the Specific Plan 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. (8-14)
201. * 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. (8-09)
202. That prior to approval of the first final tract or parcel map, whichever occurs first, all
necessary Master Plan of Arterial Highway (MPAH) 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.
(8-13)
203.* 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
61
County Board of Supervisors Resolution No. 90-986 as confirmed in writing from the
County of Orange. (8-16)
204.* 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.
205. That prior to approval of the first 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 (Le., four new lanes
between the Riverside/Orange County line and SR -55). Said improvements shall be
operational prior to the issuance of the first building permit. (8-12)
206. That prior to approval of the first final tract or parcel map, whichever occurs fast, for
Phase I, the Coal Canyon Road/SR-91 Freeway interchange improvements (including
signals and HOV bypass on-ramp/ramp metering, both eastbound and westbound) 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. Said improvements shall be
in operation prior to issuance of the I,001st certificate of occupancy. (8-01)
207. Prior to the approval of the first 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 "fair share" participation needed to
improve the subject segment of Santa Ana Canyon Road to Hillside Secondary
Standards (including the equestrian trail) between the existing widened section east
of Weir Canyon Road and the western boundary of the Mountain Park development,
provided that the roadway section implemented be reduced as necessary to assure
that significant grading/reconstruction of the adjacent landforms 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.
208. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of Coal Canyon Road as a primary arterial from Riverside Freeway
westbound ramps to Street D", per the Cypress Canyon Specific Plan, 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 completed prior to
issuance of the first certificate of occupancy. (8-02)
GL
209A. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of Street 'D" from Coal Canyon Road to the western project boundary
as a secondary arterial per the Cypress Canyon Specific Plan, 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 completed prior to
issuance of the first certificate of occupancy.
B. That, if portions or all of Street 'D" from the western project boundary to Gypsum
Canyon Road and/or Gypsum Canyon Road from Street 'D" to its interchange with
State Route 91 does not exist prior to approval of the first final tract or parcel map,
whichever occurs first, the full grading of said roadway segments to the standards required
in the Mountain Park Specific Plan (SP90-4) and aligned in compliance with the
conceptual grading plan for the Mountain Park project and full construction shall be
secured by a performance bona letter of credit, or other form of security acceptable to
the City Engineer in a form approved by the City Attorney with constriction completed
prior to issuance of the fust certificate of occupancy. 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 timing requirements, fair share analysis, and establishment of any such
districts, shall be at the expense of the property owner/developer. (8-03)
210. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of West Loop within the Cypress Canyon project area as a collector
artena4 per the Cypress Canyon Specific Plan, 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 completed prior to issuance of the first
certificate of occupancy for adjacent residential Planning Areas. (8-04)
211. That prior to approval of applicable final tract or parcel maps, as determined by the City
Engineer, the full improvement of Coal Canyon Road, south of Street 'D" as a collector
arteria4 per the Cypress Canyon Specific Plan, shall be secured by a performance bona
letter of credit, or other form of security acceptable to the City Engineer in a form
approved by the City Attorney with construction completed prior to completion and
opening of the elementary school and/or the park sits whichever occurs first. (8-05)
212A. That prior to the approval of the applicable final tract or parcel map which contains the
1001st dwelling unit, the full improvement of Santa Ana Canyon Road, east of Gypsum
Canyon Road to Coal Canyon Road, per the applicable Mountain Park and Cypress
Canyon Specific Plans, shall be secured by a performance bona letter of credit, or other
form of security acceptable to the City Engineer in a form approved by the City Attorney
with construction completed prior to issuance of the 1001st certificate of occupancy.
63
B. That Santa Ana Canyon Road between the western project boundary and Gypsum
Canyon Road shall be graded in compliance with the conceptual grading plan and
constructed to the standards and alignment required in the Mountain Park Specific Plan
(SP90-4). Furthermore, until January 1, 2004, any implementation of this condition
shall be subject to the terms of the Owl Rock License Agreement. Any costs associated
with modification of the license area for implementation of this project shall be the cost
of this project and not subject to reimbursement.
C. To the extent that the property owner/developer may qualify for reimbursement for
off-site improvements 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 timing
requirements, fair share analysis, and any such districts, shall be at the expense of the
property owner/developer. (8-06)
213. That prior to approval of final tract or parcel maps in Development Areas 3, 4, S and 6,
or portions thereof, or tracts requiring access to East Loop Road, as determined by the
City Engineer, the full improvement of East Loop Road, within the Cypress Canyon
project as a collector arterW per the Cypress Canyon Specific Plan, 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 completed prior to
issuance of the first certificate of occupancy for Development Areas 3, 4, S and 6, or
portions thereof. (8-07)
214. That prior to approval of each tentative tract or parcel map, plans shall be reviewed by
the Subdivision Section of the Public Works -Engineering Department to ensure that
cul-de-sac turnarounds per City standards shall be provided at private street deadends.
(8-08)
215. That prior to the approval of the first tentative tract or parcel map, or grading plan,
whichever occurs first for development which would exceed a daily trip generation
forecast of 12,514 for this project, 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. The development phasing schedule shall be
coordinated so that no tentative tract or parcel maps are approved for development in
excess of a daily trip generation forecast of 12,514 for this project, whichever occurs first,
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
tentative tract or parcel map or grading plan for development in excess of a daily trip
generation forecast of 12,514 for this project, 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
,"
Light-colored materials should be used on exterior surfaces. This information shall be
noted on the project plans and specifications. (6-04)
188. That prior to approval of the first final tract or parcel map, whichever occurs first, a
Transportation Demand Management (TDM) plan shall be reviewed and approved by
the City Engineer. The TDM plan shall consider: installing bike racks; constructing half
of the dwelling units with cable television hook-ups capable of providing residents with
"real time" traffic information for the surrounding circulation system; and, administering a
carpool matching program by the developer until all dwelling units are sold, at which
time the homeowners association will administer the program. The TDM plan shall also
comply with SCAQMD Regulation XV plans regarding incentives to increase vehicular
occupancy. (8-11)
189. That the property owner/developer shall encourage future residents of Cypress Canyon 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.
In addition, commuter services information shall be provided at kiosks at the commercial
site and at the park site subject to the approval of the Director of the Parks, Recreation
and Community Services Department. 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. (6-06)
190. That prior to approval of the first 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. (6-07)
191. Prior to approval of the first final tract or parcel map, whichever occurs first, for each
phase, the property ownerldeveloper 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. (6-05)
192. That prior to approval of each tentative tract or parcel map, the property
owner/developer shall demonstrate to the Public Works -Engineering and Planning
59
Departments compliance with a City Air Quality Element, if one has been adopted at the
time of the filing of said map. (6-12)
193. That prior to the issuance of building permits and/or occupancy permits, all future
occupants who require District permits shall provide documentation to the City of
compliance with SCAQMD regulations. (6-10)
NOISE
194. That no outdoor living areas will be subjected to CNEL levels greater than 65 dBA.
Appropriate mitigation (Le., setbacks, walls, and/or berming) will be implemented as
necessary (including potential mitigation for noise impacts resulting from operation of the
Owl Rock sand and gravel facility) to meet this requirement. A preliminary noise study
which delineates specific setbacks, walls, and/or bermmg 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 prior to approval of Site Plans for single-family attached and multifamily
homes. (7-04)
195. 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 single-family detached and prior to approval of Site
Plans for single-family attached and multifamily homes. (7-02)
196.' 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
Codi Title 25. (7-03)
197. 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. (7-01)
198. If Owl Rock Products construction activities in the Mountain Park Community occur
closer than 900 feet from Cypress Canyon residential development or if Owl Rock
Products sand and gravel extraction operations occur closer than 1700 feet from Cypress
Canyon residential development, then a detailed noise study shall be submitted in
connection with the effected Cypress Canyon tentative tract or parcel maps or Site Plans,
whichever occurs first, to identify the appropriate measures, including, but not limited to,
60
the use of berms or other noise barriers to attenuate noise levels or specifications in the
City of Anaheim Noise Ordinance. (7-05)
TRAFFIC/STREET IMPROVEMENTS
199. That prior to approval of the first 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 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. (8-15)
200. That in connection with the submittal of each tentative tract or parcel map, 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. 298
mitigation measures and/or conditions on the Specific Plan 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. (8-14)
201. * 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. (8-09)
202. That prior to approval of the first 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.
(8-13)
203.* 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
61
County Board of Supervisors Resolution No. 90-986 as confirmed in writing from the
County of Orange. (8-16)
204.* 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.
205. That prior to approval of the first 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 (Le., four new lanes
between the Riverside/Orange County line and SR -SS). Said improvements shall be
operational prior to the issuance of the hist building permit. (8-12)
206. That prior to approval of the first final tract or parcel map, whichever occurs first, for
Phase I, the Coal Canyon Road/SR-91 Freeway interchange improvements (including
signals and HOV bypass on-ramp/ramp metering, both eastbound and westbound) 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. Said improvements shall be
in operation prior to issuance of the I,001st certificate of occupancy. (8-01)
207. Prior to the approval of the first tentative tract or parcel map, whichever occurs first,
in Phase L the property owner/developer shall enter into an agreement with the City
obligating the property owner/developer for "fair share" participation needed to
improve the subject segment of Santa Ana Canyon Road to Hillside Secondary
Standards (including the equestrian trail) between the existing widened section east
of Weir Canyon Road and the western boundary of the Mountain Park development,
provided that the roadway section implemented be reduced as necessary to assure
that significant grading/reconstruction of the adjacent landforms 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.
208. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of Coal Canyon Road as a primary arterial from Riverside Freeway
westbound ramps to Street 'D", per the Cypress Canyon Specific Plan, shall be secured by
a performance bona letter of credit, or other form of security acceptable to the City
Engineer in a form approved by the City Attorney with construction completed prior to
issuance of the first certificate of occupancy. (8-02)
62
W
209A. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of Street 'D" from Coal Canyon Road to the western project boundary
as a secondary arterial per the Cypress Canyon Specific Plan, 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 completed prior to
issuance of the first certificate of occupancy.
B. That, if portions or all of Street 'D" from the western project boundary to Gypsum
Canyon Road and/or Gypsum Canyon Road from Street 'D" to its interchange with
State Route 91 does not exist prior to approval of the first final tract or parcel map,
whichever occurs first, the full grading of said roadway segments to the standards required
in the Mountain Park Specific Plan (SP90-4) and aligned in compliance with the
conceptual grading plan for the Mountain Park project and full construction 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 completed
prior to issuance of the fust certificate of occupancy. 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 timing requirements, fair share analysis, and establishment of any such
districts, shall be at the expense of the property owner/developer. (8-03)
210. That prior to approval of the first final tract or parcel map, whichever occurs first, the
full improvement of West Loop within the Cypress Carryon project area as a collector
anter a4 per the Cypress Canyon Specific Plan, 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 completed prior to issuance of the first
certificate of occupancy for adjacent residential Planning Areas. (8-04)
211. That prior to approval of applicable final tract or parcel maps, as determined by the City
Engineer, the full improvement of Coal Canyon Road south of Street 'D" as a collector
arteria4 per the Cypress Canyon Specific Plan, 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 completed prior to completion and
opening of the elementary school and/or the park site, whichever occurs first. (8-05)
212,4. That prior to the approval of the applicable final tract or parcel map which contains the
1001st dwelling unit, the full improvement of Santa Ana Canyon Road east of Gypsum
Canyon Road to Coal Canyon Road per the applicable Mountain Park and Cypress
Canyon Specific Plans, 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 completed prior to issuance of the 1001st certificate of occupancy.
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B. That Santa Ana Canyon Road between the western project boundary and Gypsum
Canyon Road shall be graded in compliance with the conceptual grading plan and
constructed to the standards and alignment required in the Mountain Park Specific Plan
(SP90-4). Furthermore, until January 1, 2004, any implementation of this condition
shall be subject to the terms of the Owl Rock License Agreement. Any costs associated
with modification of the license area for implementation of this project shall be the cost
of this project and not subject to reimbursement.
C To the extent that the property owner/developer may qualify for reimbursement for
off-site improvements 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 timing
requirements, fair share analysis, and any such districts, shall be at the expense of the
property owner/developer. (8-06)
213. That prior to approval of final tract or parcel maps in Development Areas 3, 4, 5 and 6,
or portions thereof, or tracts requiring access to East Loop Road, as determined by the
City Engineer, the full improvement of East Loop Road, within the Cypress Canyon
project as a collector arteria4 per the Cypress Canyon Specific Plan, 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 completed prior to
issuance of the first certificate of occupancy for Development Areas 3, 4, 5 and 6, or
portions thereof. (8-07)
214. That prior to approval of each tentative tract or parcel map, plans shall be reviewed by
the Subdivision Section of the Public Works -Engineering Department to ensure that
cul-de-sac turnarounds per City standards shall be provided at private street deadends
(8-08)
215. That prior to the approval of the first tentative tract or parcel map, or grading plan,
whichever occurs first for development which would exceed a daily trip generation
forecast of 12,514 for this project, 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. The development phasing schedule shall be
coordinated so that no tentative tract or parcel maps are approved for development in
excess of a daily trip generation forecast of 12,514 for this project, whichever occurs first,
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
tentative tract or parcel map or grading plan for development in excess of a daily trip
generation forecast of 12,514 for this project, 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
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to provide levels of service not worse than D, as measured by the City of Anaheim and to
document the project's fair share contribution towards said improvements (8-10)
216. That prior to approval of each 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.
217. That prior to approval of each final tract or parcel map, whichever occurs first, street
improvement plans shall be submitted to the Subdivision Section.
218. That prior to approval of each final tract or parcel map, whichever occurs first, the
legal property owner shall irrevocably offer to dedicate to the City of Anaheim
easements, for street and public utility purposes, for all public streets on the final
map.
219. That prior to approval of each final tract or 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.
220. 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.
221. 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
right(s)-of-way, for the City of Anaheim to negotiate for and acquire the necessary
right(s)-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.
222. That prior to the approval of RM -1200 and 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.
FISCAL
223. That prior to approval of the first 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
65
Anaheim of information concerning fiscal impact of all development within Cypress
Canyon; 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 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.
224. That prior to approval of the first 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 ensure the project generates revenues to meet the assigned
cost of City services 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. The mechanism
shall address the following:
A. A means to protect the City if the hotel is not constructed or does not become
operational; becomes operational, but is downsized; becomes operational, but
occupancy and rental rates do not meet Strong and Associates assumptions;
B. Further analysis of the cost value of police services to the project;
C. A means to compensate the City for revenue deficits caused by the project
during the five to six year construction period; and,
D. A means to compensate the City for any cost caused by the project at or after
buildout.
The City shall have the right to monitor said revenues and costs. The costs to
establish the mechanism(s) shall be borne by the property owner/developer. The
property owner/developer shall execute and record an unsubordinated covenant
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."
MISCELLANEOUS
225. That completion of these reclassification proceedings is contingent upon approval and
adoption of General Plan Amendment No. 317 (Portion 1) by the City Council and
completion of annexation of subject property to the City of Anaheim.
66
226. 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 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. 298 that have been incorporated into the
Mitigation Monitoring Program.
227. 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.
228. That all Special Maintenance Districts or other financial mechanisms referenced in
previous conditions shall be established at the expense of the property
owner/developer.
229A. 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) 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 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
67
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.
D. Prior to the issuance of any building permits, the property owner/developer shall
cause to be recorded against the project an agreement in a form acceptable to the
City Attorney which provides that (i) exclusive easements, restrictions, agreements or
otherwise shall not be granted to any person, entity, or otherwise, including but not
limited to any Cable Television System, to install cable television facilities from the
edge of right-of-way to the junction box connection in any structure or dwelling unit
within the project, (ii) if any easement, restriction, agreement or otherwise is granted
to any person, entity, or otherwise, including but not limited to any Cable Television
System, to install cable television facilities from the edge of right-of-way to the
junction box connection in any structure or dwelling unit within the project, such
easement, restriction, agreement or otherwise shall be deemed to have been granted
to all Cable Television Systems and cable television operators, including the City of
Anaheim, franchised or permitted to service the project who so desire to install such
facilities and (iii) all Cable Television Systems and cable television operators
franchised or permitted to provide cable service to the project shall be deemed to be
third party beneficiaries to the provisions of such agreement. Such agreement shall
further provide that it shall terminate as to each lot upon the conveyance of such lot
to the end-user therof.
E. As an alternative to "D" above, 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 from 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 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).
230. 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 tentative tract or parcel map, 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.
231. That prior to the issuance of the building permit for the 1000th dwelling unit, the
property owner/developer shall make one (1) development parcel in Cypress Canyon
available for acquisition by a religious group for the purpose of building a facility for
worship. The minimum size of the religious sanctuary parcel shall be three (3) acres.
Interested religious groups and the City shall be notified when the parcel is made
available. Use of the parcel by a religious organization shall be subject to approval
of a conditional use permit. If after thirty-six (36) months, no religious group is
willing or able to acquire the site, residential uses may be requested in accordance
with the Specific Plan.
232. 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.
233. 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.
234.* That approval of this application constitutes approval of the proposed Cypress
Canyon Specific Plan only to the extent that it complies with the Anaheim Municipal
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Zoning Code, unless specifically amended within Section VII, Zoning and
Development Standards of the Specific Plan document (Chapter 18._), 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.
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 is approved and adopted by the City
Council of the City of Anaheim the 21st day of April , 1992.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
f. \docs\advplan\lj ohnson\sp#90-3.wp
70
mA-VOIR, OF T11V CITY QV ANAHEIM
Pku FEM
rI
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. 5296 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 7th day of April, 1992, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 21st day of April, 1992, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said
Ordinance No. 5296 on the 22nd day of April, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 22nd day of April, 1992.
1
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. 5296 and was published once in
the Anaheim Bulletin on the 1st day of May, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
W
ATTACHMENT "A"
Legal Description
The land is situated in the State of California, County of Orange, and is described as
follows:
PARCEL 1:
A portion of Block 34 and those portions of Blocks 27 and 31 of Irvine's Subdivision in the
County of Orange, State of California, as per map recorded in book 1, page 88 of
Miscellaneous Maps, and as per map recorded in book 101, page 48 of Records of Surveys
in the Office of the County Recorder of said County, lying within the land described as
Parcels 1 and 3 of that certain Lot Line Adjustment No. LL -85-22, recorded August 15,
1985, as Instrument No. 85-
304375, Official Records.
PARCEL 2:
Block 33 of Irvine's Subdivision, in the County of Orange, State of California, as per map
recorded in book 1, page 88, of Miscellaneous Maps.
PARCEL 3:
That portion of Block 32 of Irvine's Subdivision, in the County of Orange, State of
California, as per map recorded in book 1, page 88 of Miscellaneous Maps of said County,
lying Southerly of the Southerly boundary of Parcel 46541-1 on Final Order of
Condemnation, by the State of California, recorded December 17, 1969, in book 9166, page
569, Official Records.
Excepting from Parcels 1, 2 and 3 above, those portions described in the deed to the State
of California recorded May 15, 1991, as Instrument No. 91-237053, Official Records.
-70-