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4983ORDINANCE NO. 4983 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN ORDINANCE NO. 4861 RELATING TO SPECIFIC PLAN 87-1. WHEREAS, the City Council of the City of Anaheim heretofore adopted Ordinance No. 4861 reclassifying certain real property described therein into the Specific Plan 87-1 ("SP87-1") Zone of the City, subject to certain conditions specified therein; and WHEREAS, the owner of said real property heretofore filed an application to amend certain of said conditions of approval; and WHEREAS, the City Council heretofore held a duly noticed public hearing relating to said application and adopted Resolution No. 87R-253 and made certain findings in conjunction therewith; and WHEREAS, the City Council has determined that it is in the best interests of the City to amend the conditions of approval contained in Ordinance No. 4861 in the manner hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the conditions of aproval set forth in Ordinance No. 4861 be, and the same are hereby, amended in their entirety to read as follows: 1. That the property owner/developer shall be responsible for implementation of all applicable stipulations in the approved Highlands at Anaheim Hills Specific Plan; and, that all future grading and development of the Highlands project shall display the quality standards represented by the applicant in conjunction with the Specific Plan process and in the Specific Plan document for any zoning and development standards other than the minimum standards as defined in the Zoning Code (Title 18). 2. That prior to approval of the first tentative tract or parcel map, the property owner/developer shall establish a mechanism, acceptable to the City of Anaheim, to provide on-going monitoring and transmittal to the City of Anaheim of information concerning fiscal impact of all developments within The Highlands at Anaheim Hills; 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 would be required. 3. That in conjunction with the submittal of all tentative tract or parcel maps (both residential and commercial), the following information and/or plans shall be submitted to the Planning Department for Planning Commission review and approval in conformance with Section 18.85.060 of the Anaheim Municipal Code: (a) Location map - drawn to the same scale as the maps in Exhibit A (Specific Plan) and relating the tract to the overall Highlands Project. (b) Topographic map. (c) Lot dimensions and pad sizes - of all lots sufficient to indicate the relationship of the proposal to the nature and extent of the cut and fill earthwork involved. (d) Landscaping plans - indicating the extent and type of proposed landscaping and including any existing vegetation which is to be retained. (e) Vehicular circulation and parking plan - indicating the nature and extent of public and private streets, alleys and other public accessways for vehicular circulation, off-street parking, and vehicular storage. (f) Fence and wall plans - indicating the type of fencing along any lot line of a site abutting a street, creek, lake or open storm drain. 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. -2- (g) Signing plans - indicating the proposed signing program and including, but not limited to, any identification, business or other signs; and specifying the size, height, location, color, material and lighting of such signs. Development area identification signs shall be constructed in compliance with the Anaheim Highlands Specific Plan. The developer shall provide signs to identify the Eastern Transportation Corridor Area within one-half (1/2) mile of the corridor. In addition, signs shall be provided to identify proposed future land uses, such as the commercial site, future park/school site, residential land uses, etc. All signage shall be subject to the review and approval of the City Traffic Engineer for vehicular and pedestrian visibility and the Planning Department for Specific Plan conformance. 4. That except as otherwise provided for in the Anaheim Highlands Specific Plan, all development shall comply with the requirements of the "Scenic Corridor Overlay Zone", as outlined in Chapter 18.84 of the Anaheim Municipal Code. 5. That prior to tentative tract or parcel map approval, the petitioner shall submit preliminary site plans, floor plans and building elevations to the Planning Commission for review and approval; said plans shall include building materials and colors. Final site plans, floor plans and building elevations ultimately approved by the City shall be in substantial conformance with said preliminary plans. 6. That any proposed parking area lighting fixtures for commercial development shall be down -lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity of adjacent and nearby residential properties. 7. That any specimen tree removal shall comply with the tree preservation regulations in Anaheim Municipal Code Chapter 18.84 "Scenic Corridor Overlay Zone". 8. That, in accordance with the requirements of Anaheim Municipal Code Section 18.02.047 pertaining to the initial sale of residences in the City of Anaheim Planning Area "B", the seller shall provide each buyer with written information concerning the Anaheim General Plan and the existing zoning within three hundred (300) feet of the boundaries of subject tract. 9. That as specified in Anaheim Municipal Code Sections 18.84.041.012 and 18.84.062.032, no roof -mounted equipment whatsoever shall be permitted. -3- 10. That prior to the time that a building permit is issued, or prior to final tract or parcel map approval, or within a period of six (6) months from the date of this resolution, whichever occurs first, the owner(s) srovedtbyrtherty Cityshall Attorneyuwherete in record a covenant in a formpp such owner(s) agree not to contest and to participate in the formation of any assessment district(s) which may hereafter which be formed for maintenance or public service/facility purposes, district(s) could include the owner's property. 11. That prior to the approval of the first final tract map or parcel map, a study shall be concluded popety laraowner/developerendent third party acceptable to the City and defining the most appropriate financial mechanism(s) (e.g., assessment district(s)) to assure the project generates revenues (assessment revenues) to meet the assigned costsof City ervices (operations and maintenance) on a year by y ear decision for . Final establishingdefinancialuch financial mechanismnshall)will that be of the city Council. Sai prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes a tst. Such revenues sufficientstoshall be recover anymed to variances generate assessment ect development and between revenues to the City generated by pro The Cit shall have assigned City costs to service the project. Y the right to monitor said revenues and costs• to offset nual sthe eyearly revenues shall not exceed an amount necessary difference between costs associated with said project and the revenues generated therefrom together with the Highland's estimated proportionate share of additional off-site rev noes generated by the project (e.g. regional shopping centerto City); and, when the assessment any revenues unfundedtaostsbformtwoth allocated costs and recovery Y Prior consecutive years, saiestudies(s) shall associatedewith mdetermining hand City. The costs for said re financial mechanism(s) shall be establishing the most appropriate of reimbursement to the City borne by the owner/developer by prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first AESTHETIC/VISUAL 12. That in conjunction with the submittal of each tentative tract or parcel map, the owner/developer shall submit documentation which confirms that development is in conformance with the LandillustratedPonnExhibithwn 126the of theific n document and as Specific asPlan document. -4- 13. That in conjunction with the submittal of each tentative tract or parcel map, the owner/developer shall submit documentation which describes how the development is in conformance with the guidelines and ordinances established by the Specific Plan. WATER 14. That prior to the submittal of each final tract or parcel map, the property owner/developer shall make provisions for design features that conserve water such as controlled irrigation systems which 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 Public Utilities Department. 15. That prior to the approval of the first tentative tract or parcel map, the developer shall obtain approval of a Master Plan of Improvements from the General Manager, Public Utilities Department. The Master Plan of Improvements shall, in accordance with the Water Utility's Rates, Rules and Regulations and the Highlands Public Facilities Plan, address primary mains, reservoirs, projected water demands and phasing of improvements. The Master Plan shall provide hydraulic analysis for the proposed system under average day, maximum day and peak hour demands. The Master Plan of Improvements shall give consideration to pressure zones, phasing of improvements and the Water Utility's ultimate service area. Upon approval of the Master Plan of Improvements, said Plan shall be incorporated into the Specific Plan by reference and shall be carried out in accordance therewith. The General Manager -Public Utilities Department reserves the right at any time to revise and update the Master Plan of Improvements provided that such revisions shall not affect contracts previously executed by the City and the owners/developers in accordance with the Master Plan of Improvements prior to said revision. 16. That prior to the issuance of the first building permit for the first residential unit within The Highlands project, the Fire Department shall approve a fire protection plan. And, that prior to issuance of the first Certificate of Occupancy for the first residential unit within The Highlands project, Serrano Twin Peaks reservoir shall be operative, or the Park View Booster Pump Station shall be increased in capacity by 2000 gallons per minute, and the Phase II expansion shall be under design. 17. That all water supply planning for the project shall be closely coordinated with, and be subject to review and final approval by, the City of Anaheim Public Utilities Department. -5- 18. That the water supply system for the Highlands development shall be designed in accordance with the Water Utility's Master Plan for Special Facilities District No. 1. 19. That the mains and storage reservoirs shall be designed - as part of the City's Master Water System ultimately serving areawide development. 20. That the owner/developer shall dedicate the land required for implementation of the water system to the City in conjunction with streets, and through easements at the time of final tract or parcel map recordation. The reservoir sites shall be dedicated with the final maps, or when required by the City. 21. That bonding for construction of the required water system improvements shall be furnished in conjunction with each final map. 22. That the water supply system shall be funded and constructed in accordance with the Water Utility's Rates, Rules and Regulations as provided below: (a) The developer shall install the secondary system improvements. (b) Funds for construction of the pump stations and reservoirs shall be advanced by the developer through the payment of special facilities fees as provided for in Rule 15-B. (c) Primary mains shall be installed by the City with funds provided by the Developer in the form of primary acreage fees as provided for in Rule 15-A. (d) The necessary financial arrangements for construction of the special facilities and required primary main fees shall be made prior to final tract or parcel map approval. ENERGY CONSERVATION 23. That all building construction shall comply with the California Energy Commission conservation requirements and the standards outlined under Title 24 of the California Administrative Code. 24. That subdivision, architectural and landscaping design plans for the project shall 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. ZZ 25. That prior to issuance of any building permit, the property owner/developer shall confer with the Southern California Gas Company and the City of Anaheim Building Division during the building design phases for the purposes of including further methods of energy conservation to the extent feasible. LIBRARY 26. That prior to approval of the first final tract or parcel map, the property owner/developer shall enter into an agreement with the City of Anaheim Library Department to provide the Highlands proportionate share of costs for provision of a library facility to be located on the Bauer Ranch. Written proof of said agreement shall be furnished to the Planning Department and subject to approval by the Library Director and City Attorney's Office. POLICE 27. That prior to approval of the first final tract or parcel map, the property owner/developer shall enter into an agreement with the City of Anaheim Police Department to provide its proportionate share of costs to the City for provision of an off-site satellite police facility to serve the easterly portion of the City. Written proof of said agreement shall be furnished to the Planning and Police Departments and shall be subject to approval by the Police Department and City Attorney's Office. 28. That prior to final tract or parcel map approval, plans shall be submitted to the Police and Fire Departments for review and approval for defensible space concepts and safety features (i.e. access, visibility, surveillance, etc.). SOLID WASTE 29. That project solid waste handling provisions shall be in accordance with City codes for the screening of trash receptacle areas and access for trash pickup. UTILITIES - GENERAL 30. That prior to approval of the first final tract or parcel map the property owner/developer shall provide documentation, in a form approved by the City Attorney, of acquisition of easements for any public facility (including but not limited to water, electrical, sewers, drainage) that will be necessary to cross the Oak Hills Ranch and Wallace Ranch, and that prior to the recordation of the first final tract or parcel map within Development Areas 1, 2, or 5, the property owner/developer -7- shall provide documentation, in a form approved by the City Attorney, of acquisition of easements for any public facility (including but not limited to water, electrical, sewers, drainage) that will be necessary to cross adjacent properties to the north of The Highlands in order to serve the needs of The Highlands, as required by the City Engineer and the Public Utilities General Manager. Land or easements shall be acquired and dedicated to the City at the sole expense of the property owner/developer. REIMBURSEMENTS 31. That prior to approval of the first final tract or parcel map, the property owner/developer shall post a bond to secure reimbursement to the City of Anaheim for The Highlands' proportionate share of the cost for providing public facilities and utilities (including a fire station and storm drain facilities) which facilities and utilities are located in the Bauer Ranch but will also serve The Highlands project, which proportionate share of cost will be paid by property owner/developer prior to the issuance of the Certificiate of Occupancy or Use for the first unit in The Highland's project. The amount of said proportionate share of costs shall be determined by the adoption by the City Council of th applicable benefit area plans and related reimbursment agreements. Said funds shall be used to reimburse Kaufman and Broad (the developer of the Bauer Ranch) for The Highlands proportionate share of said facilities and utilities. STREET MAINTENANCE 32. That prior to approval of the first final tract or parcel map, the property owner/developer shall enter into an agreement with the City of Anaheim Maintenance Department to provide its proportionate share of the costs to the City for provision of an off-site street maintenance facility to serve the easterly portion of the city as determined by the Director of Maintenance. Written proof of said agreement shall be furnished to the Planning Department and the Maintenance Department and shall be subject to approval by the Maintenance Department and City Attorney's Office. 33. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Department of Maintenance and in accordance with specifications on file with said department. -8- 34. That prior to recordation of each tract or parcel map, the owner/developer shall record a covenant requiring the seller to provide the purchaser of each residential dwelling with written information concerning Anaheim Municipal Code Section 14.32.500 pertaining to "Parking restricted to facilitate street sweeping." Such written information shall clearly indicate when on -street parking is prohibited and the penalty for violation. 35. That prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first, of any final map that incorporates a private street, a financial mechanism, acceptable to and approved by the City, for maintenance of private streets shall be established at the expense of the owner/developer. 36. That prior to approval of the first tentative tract or parcel map, the property owner/developer shall identify the general location of the following items and shall, prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first, provide a financial mechanism for the maintenance: (a) Slopes adjacent to roadways which provide access to the Highlands (and which roadways may be located in the Wallace Ranch or Oak Hills Ranch). (b) Deer Canyon Open Space Corridor. SANITARY SEWER 37. 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 parcel or 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 City of Anaheim Engineering Department. 38. That prior to recordation of the first final tract or parcel map for Development Areas 11 and 12, the owner/developer shall provide the City with evidence of compliance with the Orange County Sanitation District Master Plan and that all requirements of the Orange County Sanitation District, including annexation (if deemed necessary by the Orange County Sanitation District), have been complied with. 39. That prior to approval of the first final tract or parcel map, the location, phasing, bonding and details of the sewer facilities shall be determined by street configurations, lot layouts, gravity flow and a subsequent sewer study to be performed by the property owner/developer and submitted to and approved by the City Engineer. Acceptability of the proposed connection to the City's existing sewer system at Canyon Rim Road shall be determined by the City Engineer. 40. The owner/developer of the Highlands shall be financially responsible for the following sanitary sewer -related items: (a) The design and construction of the twelve (12) inch line extending north to Santa Ana Canyon Road as shown in Exhibit 4 of the Public Facilities Plan Section of the Highlands Specific Plan. (b) The acquisition of any required permits and environmental assessments. (c) The design and construction of all local sewer line extensions and related facilities as part of the improvements for each tract or parcel map, as approved by the City Engineer. (d) A Special Maintenance District, or other financial mechanism acceptable to and approved by the City of Anaheim, for maintenance of the lift station, force main shown on Exhibit 3 of the Public Facilities Plan Section of the Highlands Specific Plan and sewer lines in private streets shall be established at the expense of the owner/developer. AIR QUALITY 41. That the owner/developer shall implement regular ground watering and other forms of construction dust control in accordance with City standards. PARKS 42. That, prior to the issuance of the 201st building permit or six months from the approval of the first final tract or parcel map within The Highlands project, whichever comes first, the owner/developer shall provide an irrevocable offer to dedicate 5 acres of parkland at a site location acceptable to the City and its local park site criteria, adjacent to the elementary school site, in the vicinity of Serrano Avenue and Canyon Rim Road. The dedication offer shall also provide that the park site be graded flat (5o slope or less). -10- 43. That prior to issuance of the 201st building permit in the first phase of development, development of the 5 -acre park site shall begin and be developed to City Park Department standards, subject to Park Department approval, and consistent with facilities provided for other similar 5+ -acre neighborhood parks within the City. The park site development must be completed within one year from the issuance of the 201st building permit. Such improvements must include, but shall not be limited to, irrigation, landscaping (including turf, trees and ground covers), walkways, a children's play equipment area and picnic improvements. Park Department approval shall consist of the following: (a) Approval of Landscape Architect and other consultants used to design the park and prepare the construction documents; (b) Approval of Master plan, schematic plans, preliminary plans and final plans, specifications, cost estimates and other construction documents; and (c) Approval of all project materials and products used in constructing the park and the right of inspection by City staff. Developer/owner shall also provide consultant(s) who prepared construction documents for construction observation to insure the project is constructed as intended. 44. That access to the school/park site shall be acceptable to the City of Anaheim Parks, Recreation and Community Services Department and shall be approved by the City Traffic Engineer. 45. That the payment of in -lieu fees for the additional park dedication obligation requirement equivalent to an additional 7+ acres shall be made in accordance with City requirements and the Subdivision Map Act beginning at the time of building permit issuance for the 826th residential unit and continuing until completion of the Highlands development. 46. That prior to approval of the first tentative tract or parcel map, the owner/developer shall submit a plan showing the general alignment and locations of the equestrian and hiking trail system within the Highlands development to the City Parks, Recreation and Community Services Department for review and approval. Prior to the approval of any final tract or parcel map, the owner/developer shall submit the final alignment of the equestrian and hiking trail within that tract or parcel map to the City Parks, Recreation and Community Services Department for final review and approval. -11- The developer shall dedicate and construct the Four Corner's Trail including trail access points, signage, furnishings and other related features per City standards. Additionally, the developer shall construct the Anaheim Hills Trail (Deer Canyon) and the Weir Canyon Trail including trail access points, signage, furnishings and other related features per County standards. Bonding for trail improvements shall be furnished as a part of in -tract improvements. 47. That the Four Corners Trail shall be maintained by a special maintenance district or other financial mechanism acceptable to and approved by the City, and established at the expense of the owner/developer, prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first. Any trail work involving the Four Corners Pipeline easement right-of-way shall be reviewed by the Four Corners Pipeline Company and approved by the City prior to the approval of the first final tract or parcel map wherein the pipeline is located. Should the work contemplated not be approved by the City, the property owner/developer shall provide a suitable trail alignment alternative, subject to the written approval of the Department of Parks, Recreation and Community Services, that will accomplish the trail system as originally intended. 48. That the Anaheim Hills Regional Trail and Weir Canyon Regional Trail shall be maintained in accordance with the Grant of Easement between the County of Orange and Texaco -Anaheim Hills, Inc. or its assigns. CULTURAL RESOURCES 49. That a certified paleontologist shall be retained during grading operations to provide a monitoring program for bedrock grading activities. If sufficient concentrations of significant fossils are encountered during monitoring, salvage operations shall be initiated and coordinated with the developer and grading contractor as determined appropriate by the consulting paleontologist. Should grading of the site expose subsurface archaeological remains, development shall cease until a qualified archaeologist has been contacted and appropriate mitigation measures are undertaken. LANDSCAPING 50. That reasonable landscaping, including irrigation facilities, shall be designed, financed and installed by the developer in the uncemented portions of the parkways along any arterial highway. The responsibility for maintenance of said landscaping shall be financed through a special maintenance district or another financial -12- mechanism acceptable and approved by the City of Anaheim and shall be established at the expense of the owner/developer prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first. 51. That prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first, the petitioner shall make provision, acceptable to the City of Anaheim, for landscaping and maintenance of the slopes within and/or created by the development of this property and for the maintenance of Deer Canyon. 52. That if landscape maintenance is to be financed through a Homeowner's Association, which association has been found to be acceptable to the City of Anaheim, the owner of subject property shall execute and record a covenant obligating the Homeowners Association to (1) maintain the landscaped portion of parkways of any arterial street parkways adjacent to Association maintained slopes and/or common areas, and all median islands installed in conjunction with said subdivision except those located within arterial streets; (2) indemnify and hold the City of Anaheim harmless for damages resulting therefrom; and (3) maintain liability insurance for said parkways and median islands naming the City as an additional insured. The form of said covenant shall be approved by the City Attorney's Office and shall be recorded prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first. The developer of each tract or parcel shall improve and maintain the hereinabove described parkways and median islands, including providing the above specified insurance, until such time as the Homeowners Association becomes legally obligated therefore as hereinabove provided. The developer shall post a bond in an amount and form satisfactory to the City of Anaheim to guarantee performance of the 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 the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first. ELECTRICAL S3. That the developer shall have the financial responsibility for the installation of underground conduit, substructures, retaining walls and for street lighting installations on all streets, public and private, at no cost to the City in accordance with the City of Anaheim Rates, Rules and Regulations. -13- 54. That the developer shall provide and construct for the City all necessary trenches, backfill, conduits, manholes, vaults, handholes and pull boxes. The scheduling and funding for the backbone system utility costs will be determined during the preparation and prior to improvement plan(s) approvals. The developer shall also advance this fee to the City to complete the backbone system upon billing by the City. 55. That the developer shall advance prior to final tract map approval a non-refundable fee for lots as determined by the Public Utilities Department. The developer shall also provide and construct all necessary trench, backfill, conduit and manholes, vaults, handholes and boxes per City of Anaheim Rates, Rules and Regulations. 56. That the electrical system and related improvements shall be installed as development occurs. Bonding for the required electrical facilities shall be provided in accordance with City codes. 57. That all facilities shall be located within public rights-of-way and easements dedicated with the recordation of final maps. The conduit system with associated concrete manholes and vaults shall be installed underground. Switches and/or capacitors shall be in metal cabinets mounted above ground on concrete pads. 58. That prior to approval of each final parcel or tract map, the property owner/developer shall provide grading, sewer, water, storm drain and street improvement plans for review and approval by the Public Utilities Department so that Utilities' facilities plans are designed and coordinated with site development. NOISE 59. That construction activities shall be limited to normal daytime hours in accordance with the City of Anaheim Noise Ordinance. Construction equipment shall be equipped with effective muffling devices to further reduce the project's short-term construction noise effects. 60. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that 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, except when preservation of the viewshed is involved as detailed in the Specific Plan. -14- HYDROLOGY 61. That prior to approval of the fourth final parcel or tract map, a feasibility study of the developer's proposed storm drain concept shall be conducted to address the erosion, siltation, sedimentation equilibrium and environmental concerns within the drainage basin. In addition, the study shall address the maintenance costs associated with the facilities. Said study shall be conducted by the City and funded by the developer. The phasing of construction and final design, including erosion control measures in the upper reach of the system, shall be in conformance with the findings of said study. Said study shall be approved by the City Engineer and reviewed by the Director of Parks, Recreation and Community Services, California Department of Fish and Game and the County Environmental Management Agency (EMA). 62. That the design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of the City of Anaheim Engineering Department. 63. That erosion control measures shall be incorporated into the final grading plans for the project to minimize potential increases in short-term erosion and sediment transport both on-site and downstream. Such measures will be provided in accordance with City requirements, including timely seeding of graded slopes and the use of temporary control devices, e.g. sediment traps, desilting basins, berms and perimeter sandbagging. 64. That the project shall incorporate drainage control measures along the Weir Canyon Regional Park interface to preserve and protect the Weir Canyon watershed from development -related drainage and urban run-off effects. 65. That the owner/developer of the Highlands shall be financially responsible for the following items: (a) Advance funds for and construct the Master Plan drainage facilities. (b) The construction of in -tract and local storm drain system improvements. (c) Any permits and any subsequent environmental assessment deemed necessary. 66. That bonding for the Master Plan Facilities shall be provided in conjunction with the various phases that may be approved. Bonding for in -tract improvements will occur with various tract approvals. -15- 67. That the phasing of in -tract improvements shall occur as final tract maps are approved for all development areas. 68. That local storm drains shall be constructed as part of the improvements for each tract. 69. That prior to the sale of the first residential lot or the issuance of the first Certificate of Occupancy for a residential unit, whichever comes first, a special maintenance district or other funding mechanism acceptable to and approved by the City shall be established at the expense of the owner/developer for the maintenance of all open or natural channel storm drain facilities both on- and off-site necessitated by the Highlands development. F IRE 70. That in conjunction with submittal of the first final tract or parcel map, the property owner/developer shall submit plans delineating roadway access to the Highlands from Fire Station No. 9 via Serrano Avenue; and, Fire Station No. 10 via a temporary emergency vehicular access road through the Wallace Ranch. Such plans shall be to the satisfaction of the City Fire Chief and the City Engineer. 71. That prior to the issuance of each building permit, the owner/developer shall submit detailed design plans for accessibility of emergency fire equipment, fire hydrant location and other construction features to the Fire Marshal for review and approval. 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. 72. That the water supply system for the Highlands shall be designed to provide sufficient fireflow pressure and storage in accordance with Fire Department requirements as identified in the Specific Plan. 73. That prior to commencement of structural framing on each parcel or lot, accessible fire hydrants shall be installed and charged within one hundred fifty (150) feet of all portions of the exterior walls of the first floor of each building, in conformance with City standards. Specific information on the design and implementation of the required hydrant system network for the Highlands may be obtained from the Fire Department. 74. That prior to placement of any combustible materials on any parcel in the Highlands development, access from Fire Station No. 9 via Serrano Avenue and Fire Station No. 10 via a temporary emergency vehicular access road through the Wallace Ranch shall be provided in accordance with Fire Department policies and requirements for fire fighting equipment and emergency evacuation and as approved by the City Fire Chief and the City Engineer. -16- 75. That buildings shall be constructed in conformance with the fire safety provisions of the Uniform Building Code. This includes the use of fire resistant roofing and construction materials as required by the City of Anaheim for Fire Zone 4 (Fire Administrative Order No. 76-01). Such further 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 when located within two hundred (200) feet of adjacent brushland. Built-in fire protection such as sprinkler systems shall also be provided where applicable in accordance with City standards for commercial and/or residential buildings. 76. That fuel breaks shall be provided as determined to be necessary by the Chief of the Fire Department, and that the fuel modification program shall be implemented as outlined in the Specific Plan document (Exhibit A) and as illustrated on Exhibit 28 of the Specific Plan document. 77. That native slopes adjacent to newly constructed residences shall be landscaped with a low fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish a minimum of one hundred (100) feet of separation between flammable vegetation and any structure. 78. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshal. 79. That prior to the issuance of the first building permit, the property owner/developer shall provide its fair share of the cost of the construction of permanent Fire Station No. 9 as determined by the Director of Maintenance or an in-kind land contribution at the intersection of Nohl Ranch Road and Serrano Avenue. GRADING/SOILS/LANDSCAPING 80. That prior to approval of each final parcel or tract map, the property owner/developer shall submit a final grading plan prepared by a civil engineer based on recommendations of a soils engineer and an engineering geologist subsequent to completion of detailed soils and geologic investigations for each subdivision map area. Site-specific geotechnical studies shall provide specific feasible recommendations for mitigation of landslides, slope stabilization, liquefaction potential, soils engineering, and appropriate drains and subdrains in each area. Grading plans shall be approved by the City Engineer and shall be subject to a grading permit. a. Furthermore, grading operations in the vicinity of the Four Corners Pipeline shall include procedures proposed by the property owner/developer to ensure that pipeline operation is not interrupted or jeopardized. Said procedures shall be reviewed by the Four Corners Pipeline -17- Company and approved by the City Engineer prior to approval of any grading plan that could possibly affect said pipeline. These procedures may include avoiding placement of fill over the pipeline, providing bridging or support to the pipe, and providing temporary stabilization on slopes as required. b. Furthermore, grading plans shall include an erosion, siltation, and dust control plan to be approved by the City Engineer. The plan shall include provisions for measures such as immediate planting of vegetation on all exposed slopes, temporary sedimentation basins and sandbagging, if necessary, and a watering and compaction program. The plan shall ensure that discharge of surface runoff from the project during construction activities shall not result in increased erosion of siltation downstream. 81. That any grading or development of the site shall conform to the general recommendations of the geotechnical consultant, City Council Policy 211 (Hillside Grading) and the Anaheim Grading Code. Said recommendations shall include specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. 82. That in connection with the submittal of each grading plan, the property owner/developer shall provide information showing that the overall shape, height and grade of any cut and fill slope shall be developed in accordance with City Council Policy 211. 83. That prior to approval of each grading plan, the property owner/developer shall submit to the Planning Department for review and approval, a landscape and irrigation plan prepared by a licensed landscape architect to integrate and phase the installation of landscaping with the proposed grading and construction schedule. Prior to occupancy of any structure, the licensed landscape architect shall certify to the City of Anaheim Planning Department that the landscaping has been installed for the individual development area in accordance with the prepared plan. The plan shall include heavy emphasis on drought resistant and fire retardant vegetation and be in conformance with City requirements and standards. 84. That prior to the approval of each grading plan, the Parks, Recreation and Community Services Department shall have the opportunity to review an oak tree/riparian preservation and management program which incorporates development criteria necessary to maximize the protection and preservation of on-site woodland resources within ungraded areas containing oaks. 85. That the owner/developer shall provide proof that the Orange County Environmental Management Agency has been provided the opportunity to review the tentative tract map and grading plan in -18- conjunction with the submittal of the first tentative tract, parcel map or grading plan within Area 12. Proof of such submittal for County review shall be submitted to the City Engineer. 86. That drainage of,subject property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preparation of the site, sufficient grading is required to necessitate a grading permit, no work on grading shall be permitted between October 15th and April 15th unless all required off-site drainage facilities have been installed and are operative. Positive assurance shall be provided to the City that such drainage facilities will be completed prior to October 15th. Necessary right-of-way for off-site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through subject property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of the first final building inspection or occupancy permit. To the extent the developer/owner may qualify for reimbursement from surrounding or other benefited properties, he may petition the City Council for the establishment of reimbursement agreements or benefit districts. Costs associated with the establishment of any such districts shall be at the expense of the owner/developer. HABITAT ENHANCEMENT 87. That prior to the recordation of the first final tract or parcel map, the property owner/developer shall fee -dedicate 129 acres within Areas II and III (Weir Canyon viewshed) to the County of Orange for permanent open space. 88. That prior to the approval of the fourth final tract or parcel map, the owner/developer of the Highlands shall prepare a comprehensive biological restoration and enhancement plan. As described in EIR No. 273 and shown on Exhibit 29 of the Specific Plan, the plan proposes a program of planting, salvage, drainage enhancement and habitat restoration to achieve stabilization of the Deer Canyon drainage, enhance woodland habitat and compensate for tree losses. This program and related details shall be finalized during the subsequent permit processes with the Department of Fish and Game prior to the approval of the final roadway design plan, and shall also be subject to review by the City Engineer and the County of Orange and review and approval by the Director of Parks, Recreation and Community Services. -19- TRAFFIC 89. That the developer shall provide traffic signals in lieu of the payment of traffic signal assessment fees at the following locations: a. Serrano/Canyon Rim b. Serrano/proposed access road C. Fairmont/Canyon Rim (if deemed necessary prior to the construction of the 401st dwelling unit by future studies or circumstances) d. Santa Ana Canyon Road/proposed access road (provide median opening on Santa Ana Canyon Road at this point) The precise location and phasing of these signals shall be subject to review and approval by the City Traffic Engineer prior to the issuance of building permits or as deemed necessary by the City Traffic Engineer. All signals shall be interconnected with the City system. 90. That the developer shall widen Imperial Highway by one additional northbound lane from Santa Ana Canyon Road to Route 91 prior to the issuance of a building permit for the 401st residential unit. Said obligation shall be secured by a performance bond, letter of credit, or other form of security in an amount and form approved by the City prior to approval of the first final tract or parcel map. To the extent the developer/owner may qualify for reimbursement from surrounding or other benefited properties, he may petition the City Council for establishment of reimbursement agreements or benefit districts. Costs associated with the establishment of any such districts shall be at the expense of the owner/developer. 91. The following conditions apply to the construction of the Serrano Avenue/Weir Canyon Road connection between Canyon Rim Road and the Bauer Ranch. (a) The owner/developer of the Highlands Project shall post security in an amount and form approved by the City prior to approval of the first final tract or parcel map on the Highlands Project to guarantee construction of Serrano Avenue from its existing terminus at Canyon Rim Road to the easterly boundary of the Highlands Project as well as for one-half of the construction of the Serrano Avenue/Weir Canyon Road connection within the Wallace Ranch prior to the occupancy of the 401st residential unit on the Highlands Project, or when grading commences on the Oak Hills Ranch, whichever comes first. -20- The owner/developer of the Oak Hills Ranch shall post similar security in an amount and form approved by the City prior to approval of the first final tract or parcel map on the Highlands Project to guarantee the construction of Serrano Avenue within their property as well as for one-half of the construction of the Serrano Avenue/Weir Canyon Road connection within the Wallace Ranch within the same time frame as set forth above. (b) In the event the Oak Hills Ranch fails to post security as set forth in (a) above, the owner/developer of the Highlands Project may post security in an amount and form approved by the City prior to approval of the first final tract or parcel map on the Highlands Project to guarantee the construction of Serrano Avenue from its existing terminus at Canyon Rim Road to the easterly boundary of the Highlands Project as well as for one-half of the construction of Serrano Avenue within the Oak Hills Ranch prior to the occupancy of the 401st residential unit on the Highlands Project or when grading commences on the Wallace Ranch, whichever comes first, provided that the owner/developer of the Wallace Ranch posts similar security in an amount and form approved by the City prior to approval of the first final tract or parcel map on the Highlands Project to guarantee the construction of Serrano Avenue/Weir Canyon Road within their property as well as for one-half of the construction of Serrano Avenue within the Oak Hills Ranch within the same time frame as set forth above. (c) In the event that neither the owner/developer of the Oak Hills Ranch nor the owner/developer of the Wallace Ranch posts the security as provided in (a) and (b) above, the property owner/developer of the Highlands Project shall, prior to approval of the first final tract map or parcel map on the Highlands Project, post a security in an amount and form approved by the City to guarantee the construction of Serrano Avenue from the existing terminus at Canyon Rim Road to the easterly boundary of the Highland project and that prior to issuance of the building permit for the 401st residential unit, the developer shall provide an off-site access road to Santa Ana Canyon Road via the proposed route to the north, or through Wallace Ranch (via Weir Canyon Road) or by the widening of Fairmont Boulevard (from Canyon Rim Road to Santa Ana Canyon Road) at its ultimate circulation designation. To the extent permitted by law, the City Council shall establish reimbursement agreements or benefit districts to provide reimbursement to the Highlands Project and either the Oak Hills Ranch or the Wallace Ranch for the cost of construction within the third ranch as provided in (a) and (b) above. Costs associated with the establishment of any such districts shall be at the expense of the Highlands Project owner/developer. -21- 92. That the developer shall pay the Bridge Thoroughfare Fee for the Eastern Transportation Corridor in compliance with City Council Resolution No. 85-R-423. 93. That no residential front -ons along roadways identified as Roads A, B, C, and Serrano Avenue in the Highlands Specific Plan shall be included within the Highlands. 94. That prior to approval of each tentative tract or parcel map, the property owner/developer shall reach agreement with the City Traffic Engineer regarding on-site vehicular circulation. Such agreement shall consider the following: (a) Access to each phase of development shall be evaluated by the City Traffic Engineer to ensure adequacy of driveways, entrances and median configuration; (b) Private communities shall include the following on-site features: separate lanes for residents and visitors, turn-arounds, and parking spaces designed for visitor cars (if full time security guards are not provided); and (c) All improvements shall conform to City of Anaheim Standards and shall be subject to the approval of the City Traffic Engineer. 95. That in conjunction with the submittal of the first final tract or parcel map, the property owner/developer shall provide the City with proof of an easement across the Wallace Ranch for a temporary emergency vehicular access road; said temporary access road shall be constructed to provide emergency vehicular access to the Highlands development from Fire Station #10 prior to the placement of any combustible materials on any parcel in the Highlands project. Said temporary emergency vehicular access road shall be demolished and removed upon the construction and opening to traffic of the Serrano Avenue/Weir Canyon Road connection through the Wallace Ranch and the Oak Hills Ranch. Prior to approval of the first final tract or parcel map, the property owner/developer shall provide a performance bond, letter of credit, or cash in a form and amount approved by the City to secure the above obligations. 96. That prior to the approval of the first final tract map, the property owner/developer shall agree to construct bus bays as deemed necessary by the Orange County Transit District (OCTD) and the City Traffic Engineer at no cost to the City. Written proof of said agreement shall be furnished to the Planning Department. 97. That prior to approval of the first final tract or parcel map, the property owner/developer shall submit a phasing plan for both traffic signalization and roadway construction in the Highlands to the City Traffic Engineer for his review and approval. -22- 98. That prior to approval of the first final tract or parcel map, the property owner/developer shall coordinate the construction schedule, alignment and developer responsibilities for any road construction through adjacent properties with the appropriate property owner. 99. That prior to approval of the first final tract or parcel map, the property owner/developer shall, in cooperation with the City of Anaheim and Orange County Transit District, prepare a coordinated study to examine methods of implementing a Transportation Systems Management program 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 management strategies applicable to the development site. 100. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project.) 101. That all public residential streets shall be designed in accordance with City standards and reviewed and approved by the City Traffic Engineer prior to each tentative tract or parcel map approval. 102. That the private street system design shall include provisions for accommodating the collection of refuse in accordance with City requirements. 103. That prior to final tract map approval, street names shall be approved by the City Planning Department. 104. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 105. That no public or private street grades shall exceed 100 except by prior approval of the Chief of the Fire Department and the Engineering Division. 106. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street(s). Installation of any gates shall conform to Engineering Standard Plan No. 402 and their location shall be subject to the review and approval of the City Traffic Engineer prior to the approval of each tentative tract or parcel map. -23- 107. That any on- or off-site roads shall be constructed in accordance with all applicable Circulation Element and Engineering standards. 108. That the owner/developer shall dedicate the land for the public street system for public use with the recordation of each final tract map for each individual residential area. 109. That prior to approval of the first final tract or parcel map, the general alignment of the Highlands road system shall be submitted for review and approval by the City, and prior to approval of each final tract or parcel map, the engineering drawings for street improvements shall be submitted for review and approval by the City Engineer. 110. That for on-site roadways and traffic signals, bonding shall be furnished as part of in -tract improvements. Bonding for any off-site road extension, shall be furnished prior to approval of the first final tract or parcel map. 111. That the owner/developer shall be financially responsible for the following: (a) Design and construction of the public and private road system. (b) Design and construction associated with landscaping of the parkways adjacent to public and private roads. (c) Design and construction of any off-site access road with the final destination being the connection to Santa Ana Canyon Road. To the extent the developer/owner may qualify for reimbursement from surrounding or other benefited properties, he may petition the City Council for establishment of reimbursement agreements or benefit districts. Costs associated with the establishment of any such districts shall be at the expense of the owner/developer. (d) Acquiring any permits for any on- and off-site roadways and any subsequent environmental assessments deemed necessary. (e) Maintenance of the private street system and all public and private street parkways, unless maintained by another financial mechanism approved by the City. 112. That prior to the approval of the first final tract or parcel map, the owner/developer shall submit a viable action plan subject to review and approval by the Planning Commission assuring the timely construction of improvements identified as follows: -24- (a) Extension of Serrano Avenue into the City of Orange to provide regional access through the City of Orange into Anaheim. (b) Extension of Imperial Highway to Loma to join existing Loma Street in the City of Orange. 113. That prior to the approval of the first final tract or parcel map, the developer shall pay for and the City shall be responsible for conducting a study to determine a financial plan for circulation improvements listed below. Said study shall determine the cost of the improvements and assign those costs among the Highlands, Oak Hills and Wallace Ranches; any undeveloped parcels of land located within the study area from Imperial Highway to Weir Canyon Road and from the southerly City limits to Orangethorpe Avenue, and including all of the Wallace and Oak Hills Ranches; and, the City. The findings of the study, showing proportionate share of cost distribution, shall become binding upon the developments and shall be paid for at the time of issuance of building permits. Proportionate share will be determined based on impact on Santa Ana Canyon Road: (a) Widen Santa Ana Canyon Road to its ultimate six -lane configuration between Imperial Highway and the Bauer Ranch improvements. (b) Restripe the eastbound off -ramp from the 91 Freeway at Weir Canyon Road to provide one right -turn lane and one optional left -turn and right -turn lane. MISCELLANEOUS 114. That all Special Maintenance Districts or other financial mechanisms referenced in previous conditions and necessary to implement provisions of the Specific Plan shall be established at the expense of the owner/developer. 115. That all development and construction shall be in conformance with the Specific Plan approved for the Highlands project. 116. That the owner/developer shall construct and dedicate to the City of Anaheim all cable facilities necessary to implement the City's cable television network system. 117. That within sixty (60) days of final approval of the Specific Plan by the City Council, the developer/owner shall record a covenant against the entire property acknowledging that those conditions of approval set forth above 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 developer/owner shall waive for itself, its successors and assigns any objection to -25- imposition of said conditions upon the first tentative or final parcel or tract map otherwise assertible based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act. 118. That within 30 days of the City Council's action on Specific Plan No. 87-1, the 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 by the Planning Department, 50 copies of the final document shall be provided by the owner/developer to the Planning Department. 119. That prior to approval of any grading plan within a development area wherein the Four Corners Pipeline exists, the property owner/developer shall submit a safety plan to the City Engineer. Said plan shall analyze the feasibility of developing adjacent to the pipeline in its present location and identify potential problems or hazards which may be involved and acceptable mitigation measures including relocation if deemed necessary. The plan shall be reviewed by the Four Corners Pipeline Company and approved by the City. Costs associated with the relocation of the pipeline or other measures necessary to permit development, including any necessary easements and/or permits associated therewith, shall be the responsibility of the property owner/developer. 120. The obligations of the developer as set forth in Condition Nos. 26, 27, 32, 43 and 96 shall be secured by a performance bond, letter of credit, or other form of security in an amount and form approved by the City. Said security shall be provided and approval thereof by the City required contemporaneous with the approval of any agreement creating such obligation or at the time such obligation otherwise is established. 121. Any decision or action required of the Planning Commission by any of the above conditions shall be subject to appeal to or review by the City Council within 22 days following the date of such decision or action. 122 Prior to or concurrently with the recordation of the final tract orparcel map, the owner/developer shall record against the entire tract or parcel map a covenant, in a form approved by the City Attorney, imposing against each and every lot in the tract or parcel map the obligation to maintain all slopes, open space, private streets, and private utilities and comply with each of the additional obligations contained in each of those certain conditions identified on Exhibit A hereof. The slopes and areas to be maintained under this covenant shall be those determined by the Ctiy Engineer as required by the Municipal Code. The obligations of the covenant shall survive unless and until the aforementioned CC$R's are recorded, or the City forms a maintenance district which assumes all duties required under the covenant. -26- SECTION 2. That, except as expressly amended herein, Ordinance No. 4861 shall remain in full force and effect. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day of December, 1988. -M-AY-OR OF T CITY F ANAHEIM ATTEST: CITY CLERK OF THE\CITY OF ANAH IM JLW:db 2845L 120888 -27- EXHIBIT A Resolution No. 87R-253 and Ordinance No. 4861: Condition Nos. 11, 16, 30, 31, 35, 36, 42, 47, 50, 51, 52, 61, 69, and 88.