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RES-1989-123RESOLUTION NO. 89R-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 88-1. WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore adopted its Resolution No. 88R-69 approving Specific Plan No. 88-1 ("Specific Plan") and Resolution No. 89R-64 amending Specific Plan No. 88-1; and WHEREAS, the owner of the subject property has filed on application to further amend Specific Plan No. 88-1; and WHEREAS, the City Council did hold a public hearing upon said application, notice of which hearing was given in the manner required by law; and WHEREAS, the City Council, after due consideration of all evidence, testimony and reports offered at said public hearing does hereby find with respect to said proposed amendment that: 1. The property covered by the specific plan and said amendment has unique site characteristics including topography, location and surroundings which will be enhanced by the special land use and developments standards of the specific plan; 2. The plan as amended will be consistent with the goals and policies of the General Plan and with the purposes, standards and land use guidelines therein; 3. The specific plan as amended will result in development of a desirable character which will be compatible with existing and proposed development in the surrounding area; 4. The specific plan as amended contributes to a balance of land uses; and 5. The specific plan as amended respects environmental and aesthetic resources consistent of economic realities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Specific Plan No. 88-1 as approved by Resolution No. 88R-69 and heretofore amended by Resolution No. 89R-64, be, and the same is hereby, amended as set forth in Sycamore Canyon Specific Plan No. 88-1, Amendment No. 1, dated February, 1989, on file in the Planning Department of the City of Anaheim and incorporated herein by this reference as if set forth in full. BE IT FURTHER RESOLVED that the conditions of approval of Specific Plan No. 88-1, as heretofore set forth in Resolution No. 88R-69, be, and the same are hereby, amended in their entirety to read as follows: I · · 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 Tentative Parcel Map No. 87-Z10 for the limited purpose 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: (a) Parcel Map No. 87-210 shall contain a note to the effect that this map is being filed for financing and conveyance for financing purposes only and will have no public improvement requirements; no building permits are to be issued for the lots or parcels created by this map; and, the recording of a subsequent map is required before building permits can be issued; and, a covenant in the form approved by the City Attorney is recorded against the entire site reflecting same; (b) A 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; (c) Irrevocable offers of dedication for right-of-way for all arterial highways (with adjoining slope easements) and all park and other public facility sites identified in these conditions of approval are made prior to the recordation of Parcel Map No. 87-210; and, (d) Parcel Map No. 87-210 otherwise complies with the Subdivision Map Act and the Anaheim Municipal Code. That the property owner/developer shall be responsible for implementation of all applicable stipulations in the amended Sycamore Canyon Specific Plan, Amendment No. 1 (Exhibit A); and, that all future grading and development of the Sycamore Canyon 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- · · With the exception of Parcel Map No. 87-210, 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 Sycamore 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 would be required. With the exception of Parcel Map No. 87-210, that in conjunction with the submittal of all residential tentative tract or parcel maps and prior to the issuance of any building permits for commercial parcels, 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 Sycamore Canyon 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) (f) 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. 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· -3- S · · · · · 10. (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 Sycamore Canyon 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 sites, future park/school sites, 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· That except as otherwise provided for in the Sycamore Canyon 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. With the exception of Parcel Map No. 87-210, that prior to each residential tentative tract or parcel map approval, and prior to the issuance of any building permits for commercial parcels, 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. 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. That any specimen tree removal shall comply with the tree preservation regulations in Anaheim Municipal Code Chapter 18.84 "Scenic Corridor Overlay Zone". 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. 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. -4- 11. With the exception of Parcel Map No. 87-210, 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) shall execute and record a unsubordinated covenant running with the land in a form approved by the City Attorney wherein such owner(s) agree not to contest and to participate in the formation of any assessment district(s) which may hereafter be formed for maintenance or public service/facility purposes, which district(s) could include the owner's property. 12. With the exception of Parcel Map No. 87-210, prior to the approval of the first final tract map or parcel map for the Sycamore Canyon project, the owner/developer will enter into an agreement with the City to form an assessment district to assure the project generates revenues to meet the assigned cost of City services on a year-by-year basis. Such assessment district shall be formed prior to approval of the first final tract or parcel map, or at such other later time as may be approved by the City Council, and initial assessment implemented prior to issuance of the first certificate of occupancy for Sycamore Canyon. The City shall have the right to monitor said revenues and costs. Annual assessment revenues shall not exceed an amount necessary to offset the yearly difference between costs associated with said project and the revenues generated therefrom; and when revenues reach equilibrium (defined in this case by annual taxable sales revenue to the City from sources within the Sycamore Canyon Project reaching $182,617 in 1986/87 dollars) with allocated costs and recovery of any prior unfunded costs for two consecutive years, said mechanism(s) shall be terminated by the City. The costs to establish the financial mechanism(s) shall be borne by the owner/developer by means of reimbursement to the City prior to the first final tract or parcel map approval or at such other later time as may be approved by the City Council. AESTHETIC/VISUAL 13. 14. With the exception of Parcel Map No. 87-210, 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 Landscape Concept Plan shown in the Specific Plan document. With the exception of Parcel Map No. 87-210, 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. -5- WATER 15. That prior to the approval of each final tract 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. 16. That the water supply system for the Sycamore Canyon Development shall be funded, designed and constructed in accordance with the Sycamore Canyon Specific Plan and Public Facilities Plan included therein which includes the Water Master Plan as Exhibit A. ENERGY CONSERVATION 17. 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. 18. 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. 19. 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 for natural gas service. LIBRARY 20. With the exception of Parcel Map No. 87-210, 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 Sycamore Canyon project's 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 shall be subject to approval by the Library Director and City Attorney's Office. -6- POLICE 21. With the exception of Parcel Map No. 87-210, that prior to approval of the first final tract map or parcel map, the property owner/developer shall enter into an agreement with the City of Anaheim to provide property owner/developer's proportionate share of costs to the City for the provision of an on-site satellite police facility at the location shown in Exhibit 13 of the Sycamore Canyon Specific Plan; provided, however, that the City may require an irrevocable offer of dedication for the site in conjunction with the approval of Parcel Map No. 87-210. The Agreement shall provide that the owner/developer shall irrevocably offer for dedication said facility site as an in-kind land contribution. Said site shall be graded to Police Department specifications in substantial conformance with Exhibit 15 of the Specific Plan and all necessary utilities shall be stubbed to the site and shall be sized to Police Department specifications. The value of such land, including cost of stubbing utilities, shall be determined by a qualified appraiser selected and paid for by the property owner/developer and approved by the City or another mutually acceptable method. If such value exceeds the property owner/developer's proportionate share of the total costs for the facility (including the value of the land), the property owner/developer shall be entitled to receive reimbursement from other surrounding benefitting properties, through developer fees imposed by the City, provided that said reimbursement shall be paid only upon payment by benefitting developments. If such value is less than property owner/developer's proportionate share, property owner/developer shall pay to the City a fee which represents the difference between the value of the site and said proportionate share. In no event shall the Agreement provide for payment of the fee at a time later than as called for in a Police Protection Facility Plan adopted by the City Council as provided in Section 17.08.434 of the Anaheim Municipal Code. 22. With the exception of Parcel Map No. 87-210, that prior to approval of each final map, 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 25. 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. -7- UTILITIES - GENERAL 24. With the exception of Parcel Map No. 87-210, 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 or Highlands Development in order to serve the needs of the Sycamore Canyon Project, 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 25. With the exception of Parcel Map No. 87-210, 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 for Sycamore Canyon's proportionate share of costs for providing Fire Station No. 10 and electrical facilities located in the Bauer Ranch but which will also serve the Sycamore Canyon project, which proportionate share of cost will be paid by property owner/developer prior to the issuance of the Certificate of Occupancy or Use for the first unit in the Sycamore Canyon project. The amount of said proportionate share of costs shall be determined by the adoption by the City Council of the applicable benefit area plans and related reimbursement agreements. STREET MAINTENANCE 26. With the exception of Parcel Map No. 87-210, that prior to approval of the first final 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. 27. 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- 28. With the exception of Parcel Map No. 87-210, that prior to recordation of each final 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 14.52.500 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. 29. With the exception of Parcel Map No. 87-210, that prior to approval 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. SANITARY SEWER 50. 51. That the sewer system located within public streets and easements shall be dedicated to the City concurrent with the recordation of each final map with the exception of Parcel Map No. 87-210. That the 10-inch lines located within the Weir Canyon Road right-of-way shall be financed, designed and constructed by the owner/developer. 52. 55. With the exception of Parcel Map No. 87-210, 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 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. With the exception of Parcel Map No. 87-210, that prior to approval of the first final map, the location, phasing, and bonding details of the sewer facilities shall be determined by street configurations, lot layouts and gravity flow. 54. That the owner/developer shall be financially responsible for the following sanitary sewer-related items: (a) The acquisition of any required permits. (b) (c) The design and construction of ail local sewer line extensions and related facilities as part of the improvements for each tract or parcel map, as approved by the City Engineer. A Special Maintenance District, or other financial mechanism acceptable to and approved by the City of Anaheim, for maintenance of sewer lines in private streets shall be established at the expense of the owner/developer. -9- QUALITY 55. That the owner/developer shall implement regular ground watering and other forms of construction dust control in accordance with City standards. PARKS 36. That the owner/developer shall provide an irrevocable offer to dedicate 7 acres of parkland as shown in Bxhibit 4A of the amended Specific Plan (Amendment No. 1) as provided in Condition No. 1 in lieu of fees required for park acquisition costs. The dedication offer shall provide that the site be graded flat (5% slope or less), based on the requirements of the City's parkland dedication ordinance and adopted City policies at the time of Specific Plan approval. The park dedication and development requirement shall be for the full ?-acre requirement (based upon the current population projections); however, adjustments may be made with the first tentative tract map submittals should less than the anticipated population in the development actually be realized. 57. 58. That the proposed parks shall be graded and developed by the Sycamore Canyon owner/developer to City park development standards, subject to City Park Department approval. The improvements will 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 for the park site development shall consist of the £ollowing' (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, and other construction documents; and 59. (c) Approval of all project materials and products used in constructing the park and the right of inspection by City staff. That the developer/owner shall provide consultant(s) who prepared construction documents for construction observation to insure that the parks are constructed as intended. 40. That the parks shall be developed in accordance with the following time frames' 41. 42. 43. a · b · The owner/developer shall complete development of the park site within Tentative Tract No. 12995 within one (1) year from the issuance of a certificate of occupancy for the 560th residential unit. The owner/developer shall complete development of the park site within Tentative Tract No. 12992 within one (1) year from the issuance of a certificate of occupancy for the lllgth residential unit, or shall begin park construction within 30 days after the start of the Sycamore Canyon/Oak Hills Park construction by the Oak Hills Ranch developer and complete development of the park site within one (1) year from the start of park development. The owner/developer of Sycamore Canyon shall enter into a reimbursable agreement with the owner/developer of Oak Hills Ranch for the grading and development of the Sycamore Canyon/Oak Hills Park area adjacent to Oak Hills Ranch should the construction of the Sycamore Canyon/Oak Hills Park begin prior to the time the owner/developer of Sycamore Canyon is prepared to begin park grading and development of their portion of the Sycamore Canyon/Oak Hills Park obligation. Said reimbursement agreement shall reimburse the owner/developer of Oak Hills Ranch for any costs associated with the grading and development of the 5.6 acres of park area adjacent to the Oak Hills Ranch required for the Sycamore Canyon development, as approved by the Department of Parks, Recreation and Community Services. C · Bonding for development of each park shall be provided in conjunction with the recordation of final tract maps containing the 560th and lllgth residential units, respectively. That all utilities to the park sites be provided by the owner/developer in conjunction with any required street, sewer or other infrastructure improvements within the subdivision improvements. Park maintenance will be provided by the City for the 7 acres of park, exclusive of any park perimeter slopes outside the net park acreage accepted by the City. That in-tract slopes (including slopes outside the park boundaries approved by the City) shall be maintained by a special maintenance district or other financial mechanism approved by the City and established prior to the issuance of the first certificate of occupancy for the development. That the 7 acres of developed public parkland shall be developed by the owner/developer at two locations as shown in Exhibit 4A of the amended Speci£ic Plan (Amendment No. 1). -11- 44. 45. 46. 47. 48. (a) 3.0-acre park at the northwest corner of the property adjacent to the East Hills park site. Access to this park shall be available through Tract No. 12995 and include pedestrian access, with vehicular access provided, if feasible. Any right-of-way or encroachments permits for said park shall be provided by the City. (b) 4-acres of parkland in the southern portion of the property, contiguous with park facilities proposed within The Sumlit of Anaheim Hills development area, identified herein as the Sycamore Canyon/The Sulmit Park. Final grades and configuration shall be in substantial conformance with the proposed revision to Tentative Tract No. 12992 (shown for informational purposes only on the composite tract map - Exhibit 5A of the amended Specific Plan (Amendment No. 1), unless otherwise approved by the City Department of Parks, Recreation and Community Services. As required by Condition No. 1 hereof, park sites shall be irrevocably offered for dedication prior to recordation of Parcel Map 87-210. Any changes in the precise configuration of both park areas required for dedication and development by the owner/developer shall be determined prior to the approval of subsequent final maps in which the park sites are located. The owner/developer shall submit grading feasibility studies for each park area to the Department of Parks, Recreation and Community Services and the Engineering Department for approval prior to the recordation of the final tract maps for Tract Nos. 12992 and 12995. The grading feasibility studies shall insure that both developed park areas provided by the owner/developer are graded at a 5% or less gradient. Final grading plans for both parks shall be approved by the Department of Parks, Recreation and Community Services to insure the parks are consistent with the standards provided by the City's Park Dedication Ordinance, and adopted City policies at the time of Specific Plan approval, prior to the approval of final maps (with the exception of Parcel Map No. 87-210) in which the park sites are located. That permanent, paved vehicular access to the park sites shall be acceptable to the Parks, Recreation and Community Services Department and shall be approved by the City Traffic Engineer and be in conformance with Exhibit 4A of the amended Specific Plan Public Facilities Plan (Amendment No. 1). -12- 49. 50. 51. 52. That the Sycamore Canyon Project will incorporate the alignment and other necessary provisions for development of the trail system improvements within the development. The development of the 5-acre park adjacent to Tract No. 12995 will include the relocation and improvement of part of the East Hills Trail which abuts said park. Any right-of-way or encroachment permits shall be provided by the City. Said relocation along the perimeter of the 5-acre park shall be considered within the park dedication acreage requirements. That prior to approval of the first tentative tract map, the property owner/developer shall submit a plan showing the general alignment and locations of the equestrian and hiking trail system within the Sycamore Canyon development to the Parks, Recreation and Community Services Department for review and approval. With the exception of Parcel Map No. 87-210, prior to the approval of each final tract or parcel map, the property owner/developer $hall 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. The owner/developer shall dedicate (in conjunction with the recordation of the final tract maps for tracts in which the trails are located) the trail rights-of-way and construct the trails (including trail access points, street crossings and signals, if necessary, signage, furnishings and other related features per City standards). Bonding for trail improvements shall be furnished as a part of in-tract improvements. All trail improvements shall be subject to the approval of the Department of Parks, Recreation and Community Services prior to the release of bonds. That the equestrian trail crossing of Weir Canyon Road shall be reviewed and coordinated with the County of Orange CMA. The owner/developer shall provide written proof that CMA has been provided the opportunity to review the Weir Canyon Road equestrian trail crossing prior to recordation of the first final tract map. The City shall have final review and approval of the trail crossing. That development of the riding and hiking trail system including planning, design, grading and all necessary trail improvements including those improvements mentioned in Condition No. 50 shall be the financial responsibility of the owner/developer. Trail improvements shall be installed according to plans approved by the Parks, Recreation and Community Services Department. Construction of the trail system shall occur simultaneously with the tract in which the trail is located. -15- 53. 54. That the trail systems shall be maintained by a special maintenance district or other financial mechanism acceptable to and approved by the City prior to the issuance of the first certificate of occupancy for development. The special maintenance district or other financial mechanism shall be established at the expense of the owner/developer. That the trail to be dedicated and developed along the Four Corners Pipeline be coordinated with the Four Corners Pipeline Company to ensure their review of the improvement. Written proof of this submittal must be provided to the Department of Parks, Recreation and Community Services prior to the recordation of the final tract maps for adjacent tracts. 55. That the owner/developer provide written proof that any trail alignment is consistent with Orange County EMA's Master Plan of Riding and Hiking Trails and has been coordinated with the representatives from that County Agency. Written proof shall be provided in the form of a letter from the owner/developer indicating Orange County EMA's review of the trail system. CULTURAL RESOURCES 56. That a certified paleontologist shall be retained during grading operations to provide a monitoring program for bedrock grading activities. If sufficient concentrations o£ signi£icant £ossils 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 57. 58. That in conjunction with the submittal of each precise grading plan, the property owner/developer shall provide landscape plans specifying an Irrigation Management Program for the on-site landscaped areas, said plans to be reviewed and approved by the Planning Department. The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides does not exceed appropriate levels and frequencies. The Irrigation Management Program shall specify methods for monitoring the irrigation system, and shall be designed by an irrigation engineer. That prior to approval of each precise grading plan, the property owner/developer shall submit to the Planning Department for review and approval, a landscape and -14- 59. 60. 61. 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. 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 mechanism acceptable and approved by the City of Anaheim and shall be established at the expense of the owner/developer prior to the approval of the first final tract or parcel map (with the exception of Parcel Map 87-210) or such other later time as may be approved by the City Council. With the exception of Parcel Map No. 87-210, that prior to the approval of first final tract or parcel map, or at such later time as may be approved by City Council, the owner/developer 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. 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 concurrently with the first final tract or parcel map with the exception of Parcel Map No. 87-210 or such other later time as may be approved by the City Council. 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 -iS- euarantee 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 approval of the first final tract or parcel map with the exception o£ Parcel Map No. 87-210 or such other later time as may be approved by the City Council. ELECTRICAL 62. 63. 64. 65. 66. 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. That the developer shall provide and construct for the City all necessary trenches, backfill, conduits, manholes, vaults, handholes and pull boxes per City of Anaheim Rates, Rules ~ Regulations. The scheduling and funding for the backbone system utility costs shall 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. 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. That all facilities shall be located within public rights-of-way and easements dedicated with the recordation of final maps with the exception of Parcel Map No. 87-210. 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. With the exception o£ Parcel Map No. 87-210, 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. 67. 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. -16- 68. That all electrical service planning for the Sycamore Canyon project shall be closely coordinated with the City of Anaheim Public Utilities Department. NOISE 69. 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. 70. 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; in such instances, additional attenuation measures such as increased window glass thickness, reduction of window area and/or location of attic vents away from roadways shall be implemented. HYDROLOGY 71. That the storm drain system for the project shall include an underground pipe for the main drainage facility. The underground pipe shall be designed consistent with City of Anaheim Engineering Department Standards as approved by the City Engineer. 72. 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. The phasing of construction and final design, including erosion control measures shall be approved by the City Engineer. The backbone (Weir Canyon Road) storm drain system shall be designed for the 100-year frequency storm and the in-tract storm drains shall be designed for the 10-year frequency storm. 73. 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. 74. That the owner/developer shall be financially responsible for the following items: -17- 75. 76. 77. 78. 79. 80. FIRE 81. 82. (a) Advancement of funds for and construct the Master Plan drainage facilities. These funds shall serve to off-set the payment of drainage fees. (b) The construction of in-tract and local storm drain system improvements. That the local and Master Plan storm drain system located in public streets and public easements shall be offered for dedication to the City at the time of final map recordation with the exception of Parcel Map No. 87-210. With the exception of Parcel Map No. 87-210, that prior to approval of each final parcel or tract map, the property owner/developer shall provide sizing requirements for storm drain systems within the tract or parcel boundaries, as reviewed and approved by the City Engineer. That bonding for the local storm drain facilities shall be provided in conjunction with the various phases that may be approved. That the phasing of in-tract improvements shall occur as final tract maps are approved for each development areas. That local storm drains shall be constructed as part of the improvements for each tract. With the exception of Parcel Map No. 87-210, that prior to the approval of the first final tract or parcel map, or such other later time as may be approved by the City Council, 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 necessitated by the Sycamore Canyon development. That in conjunction with the submittal of the first final tract map, the property owner/developer shall submit plans delineating temporary emergency vehicular access through the Highlands Ranch from Fire Station No. 9 for paramedic service. That in conjunction with the submittal of the first final tract map, the property owner/developer shall provide the City with proof of an easement across the Highlands development for a temporary emergency vehicular access road; said temporary access road shall be constructed to provide emergency vehicular access to the Sycamore Canyon development from Fire Station No. 9 prior to the placement of any combustible materials for structural framing on-site. -18- 85. 84. 85. 86. 87. 88. 89. 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 combustible materials for structural framing 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. That the water supply system for Sycamore Canyon shall be designed to provide sufficient fireflow pressure and storage in accordance with Fire Department requirements as identified in the Specific Plan. 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 Sycamore Canyon development may be obtained from the Fire Department. 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. 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. That native slopes adjacent to newly constructed residences shall be landscaped with a low fuel combustible seed mix. Such slopes shall be temporarily sprinklered and weeded as required to establish a minimum of one hundred (100) feet of separation between flammable vegetation and any structure. 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. -19- 90. That prior to the issuance of the first building permit, the property owner/developer shall provide its proportionate share of the cost of the construction of permanent Fire Station No. 9 as determined by the Director of Maintenance. 91. The Sycamore Canyon project is within a Benefit Area that will benefit from Fire Protection Facilities (City of Anaheim Fire Station #10), constructed and financed by the East Hills development (Kaufman fi Broad of Southern California); as such property owner/developer shall pay to City a fee established heretofore or hereafter by the City Council pursuant to Section 17.08.455 of the Anaheim Municipal Code which represents the portion of the Fire Station costs attributable to the Sycamore Canyon project. GRADING/SOILS/LANDSCAPING 92. With the exception of Parcel Map No. 87-210, 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. 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 Company and approved by the City Engineer prior to approval of any grading plan that could possible affect said pipeline. These procedures may include avoiding placement of fill over the pipeline, providing bridging or support to the pipe, and providing temporary stablilization on slopes as required. 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. 95. 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 -Z0- 94. 9S. 96. 97. 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 not be the responsibility of the City. 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. Ail excavations shall be observed by the geotechnical engineer during grading and any necessary modifications made in the event unanticipated geologic conditions are revealed. That in connection with the submittal of each precise 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. With the exception of Parcel Map No. 87-210, that prior to approval of the first tentative tract or parcel map, the property owner/developer shall identify the location of slopes adjacent to roadways which provide access to Sycamore Canyon (and which roadways may be located in the Oak Hills Ranch or Highlands development), and furthermore shall, prior to the approval of said first final tract or parcel map (with the exception of Parcel Map 87-210), or such other later time as may be approved by the City Council, provide for a maintenance mechanism for said slopes acceptable to the City Engineer. 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 -21- 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. 98. That prior to the commencement of grading activities in affected areas, a transplanting program for Dudleya multicaulis plants shall be provided for review and approval to the Planning Department and implemented. HABITAT ENHANCEMENT 99. With the exception of Parcel Map No. 87-210, that prior to the approval of the first final tract or parcel map, the owner/developer of Sycamore Canyon shall prepare a comprehensive biological restoration and enhancement plan. As described in EIR No. 283 and shown on Exhibit 22 of the Specific Plan, the plan proposes a program of planting, salvage, drainage enhancement and habitat restoration to achieve stabilization within the central drainage corridor, 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 review and approval by the Director of Parks, Recreation and Community Services. TRAFFIC 100. That the developer shall pay the Bridge Thoroughfare Fee for the Eastern Transportation Corridor in compliance with City Council Resolution No. 85-R-423. 101. With the exception of Parcel Map No. 87-210, that prior to approval of each tentative tract or parcel map, the 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 configurations; -22- (b) Private-gated communities shall include the following on-site features: separate lanes for residents and visitors, turn-arounds, and parking spaces designated 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. (d) No residential front-ons shall be allowed on any public through streets (Serrano Avenue, west of Weir Canyon Road, "A" Street and Weir Canyon Road). 102. That the property owner/developer shall provide traffic signals, in lieu of the payment of traffic signal assessment fees, at the intersections of Serrano Avenue and Weir Canyon Road; and Serrano Avenue and "A" Street; at the four corner pipeline equestrian trail on Serrano Avenue as required by the City Traffic Engineer; and, if left-turn access is approved for the intersection approximately 1500' south of Serrano Avenue on Weir Canyon Road, the City Traffic Engineer may require a traffic signal at this intersection. 103. 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. Ail signals shall be interconnected with the City system. 104. That the property owner/developer shall provide the Orange County Transit District (OCTD) the opportunity to review site plans with respect to identification of appropriate bus stop locations and other transit amenities such as pedestrian accessibility and passenger waiting areas. The owner/developer shall provide proof that OCTD has been provided the opportunity to review site plans prior to approval of the first final map, with the exception of Parcel Map No. 87-210; and, 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 OCTD and the City Traffic Engineer at no cost to the City. Written proof of said agreement shall be furnished to the Planning Department. 105. With the exception of Parcel Map No. 87-210, 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 -23- 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. 106. With the exception of Parcel Map No. 87-210, that prior to approval of each tentative tract or parcel map, the property owner/developer shall provide a traffic impact study to assess the Level of Service (LOS) and Intersection Capacity Utilization (ICU) at the intersection of Weir Canyon Road and Santa Aha Canyon Road if the Eastern Transportation Corridor has not yet been constructed. Said study shall be prepared at the property owner's expense and shall be reviewed for adequacy by the City Traffic Engineer. If traffic impacts are unacceptable and unmitigated, development may be halted until mitigation measures to bring the intersection to an acceptable level of service are identified by the Sycamore Canyon property owner/developer and approved by the City. 107. 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. 108. That the private street system design shall include provisions for accommodating the collection of refuse in accordance with City requirements. 109. That prior to final tract map approval, street names shall be approved by the City Planning Department. 110. That temporary street name signs shall be installed prior to any occupancy if permanent street name signs have not been installed. 111. That no public or private street grades shall exceed 10% except by prior approval of the Chief of the Fire Department and the Engineering Division. 112. That all emergency parking bays be provided in conformance with City Engineering Standards No. 114 and 115. 115. 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 with the exception of Parcel Map No. 87-210. -24- 114. With the exception of Parcel Map No. 87-210, that prior to approval of the first final tract or parcel map, the general alignment of the Sycamore Canyon road system shall be submitted for review and approval by the City, and prior to approval of each final tract or parcel map, with the exception of Parcel Map No. 87-210, the engineering drawings for street improvements shall be submitted for review and approval by the City Engineer. 115. That the owner/developer shall be financially responsible for the following design, financing and construction of 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) Maintenance of the private street system and all public and private street parkways, unless maintained by another financial mechanism approved by the City. 116. With the exception of Parcel Map No. 87-210, 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 Ranch and the Sycamore Canyon property; 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 Sycamore Canyon Ranch, the Highlands and Oak Hills Ranch; 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 (East Hills) 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. 117. That Weir Canyon Road shall be constructed to Scenic Expressway standards (6 lanes and 52-foot center median within a 148-foot right-of-way). 118. That the Weir Canyon Road/Serrano Avenue intersection shall incorporate double northbound, southbound and eastbound left-turn lanes. 119. That Serrano Avenue south of Weir Canyon Road shall be constructed to Hillside Secondary standards (4 lanes, 78-foot right-of-way). 120. That Serrano Avenue, north of Weir Canyon Road, shall be constructed to Hillside Collector standards (2 lanes, 54-foot right-of-way). 121. That the east-west trending roadway ("A" Street) which provides access to residential neighborhoods and commercial uses from Serrano Avenue and connects to the Highlands street system, shall be constructed to Hillside Collector standards. Access shall be provided from "A" Street into Tract No. 12995, Tract No. 12994 and Development Area 2 as shown in Exhibit 2 in the Specific Plan. 122. That public residential streets provided in ail single-family residential areas shall consist of 2 lanes and SO-foot rights-of-way per the City's Hillside Interior Street standards. 123. That private streets shall serve all other residential areas of the site which are not accessed by the public street system. These streets shall be designed in accordance with City standards. 124. That ali private streets shall be maintained by the owner/developer unless maintained by another financial mechanism approved by the City. The following condition applies to the construction of the Serrano Avenue/Weir Canyon Road connection between Canyon Rim Road and the Bauer Ranch. 125. Concurrent with the recordation of the first final tract or parcel map, the owner/developer of the Sycamore Canyon Project shall irrevocably offer for dedication all of the right-of-way, including any slope easements, for Serrano Avenue and Weir Canyon Road and (with the exception of Parcel Map 87-210) shall post security in an amount and form approved by the City to guarantee the completion of grading and construction of these two arterial highways within the boundary of the Sycamore Canyon Ranch. Said construction for the Weir Canyon/Serrano connection shall be completed prior to the issuance of the certificate of occupancy for the 601st dwelling unit. Complete construction of Weir Canyon Road south of Serrano Avenue to the southerly boundary of the Sycamore Canyon Ranch shall be completed prior to the issuance of the certificate of occupancy for the 601st dwelling unit or concurrently with construction of Weir Canyon Road on the Oak Hills Ranch whichever occurs first. -26- As established in previous development approvals, prior to or at the time Sycamore Canyon records the final tract map which includes the 601st dwelling unit, the owner/developer of the Highlands Project may post security in an amount and form approved by the City for on-site grading and construction of Serrano Avenue on the Highlands property. The owner/developer of the Oak Hills Project may also post security in an amount and form approved by the City for on-site construction of Serrano Avenue on the Oak Hills property. In the event the Oak Hills Ranch fails to post security, the owner/developer of the Sycamore Canyon Project shall post security in an amount and form approved by the City at the earlier of the approval of the final tract map containing the 601st dwelling unit on the Sycamore Canyon Project or the posting of similar security by the owner/developer of the Highlands Project as noted below to guarantee the construction of one-half of the construction of Serrano Avenue within the Oak Hills Ranch prior to the occupancy of the 601st residential unit on the Sycamore Canyon Project, provided that the owner/developer of the Highlands Project has posted similar security in an amount and form approved by the City prior to approval of the final tract map on the Sycamore Canyon Project containing the 601st unit to guarantee the construction of Serrano Avenue between Canyon Rim Road and the easterly boundary of the Highlands Project as well as for one-half of the cost of construction of Serrano Avenue within the Oak Hills Ranch within the same time frame as set forth above. In the event the Highlands Project fails to post security as set forth above, the owner/developer of the Sycamore Canyon Project shall post security in an amount and form approved by the City at the earlier of the approval of the final tract map containing the 601st dwelling unit on the Sycamore Canyon Project or within 50 days of posting of a similar security by the owner/developer of the Oak Hills Ranch as noted below to guarantee the cost of construction of one-half of Serrano Avenue from its present terminus at Canyon Rim Road to the easterly boundary of the Highlands Project prior to the occupancy of the 601st residential unit on the Sycamore Canyon Project, provided that the owner/developer of the Oak Hills Project posts similar security in an amount and form approved by the City prior to approval of the final tract map containing the 601st dwelling unit on the Sycamore Canyon Project to guarantee the construction of Serrano Avenue within their property as well as for one-half of the cost of construction of Serrano Avenue between Canyon Rim Road and the easterly boundary of the Highlands Project within the same time frame as set forth above. -27- To the extent permitted by law, the City Council shall establish reimbursement agreements or benefit districts to provide reimbursement to the Sycamore Canyon Project and either the Oak Hills Ranch or the Highlands for the cost of construction within the third ranch. Costs associated with the establishment of any such districts shall be at the expense of the Sycamore Canyon property owner/developer. That in the event either Oak Hills or Highlands bond or construct the required Serrano Avenue/Weir Canyon Road connection on their property subsequent to Sycamore Canyon having posted security for said improvement, the security posted by Sycamore Canyon may be released or reduced, provided that Sycamore Canyon has made proportionate share reimbursement for the benefit provided by said construction. 126. Bonding and an irrevocable offer to dedicate all public interior streets shall be required on a tract-by-tract basis. 127. That construction of the backbone roads shall be phased in conjunction with the development of adjacent residential tracts. The property owner/developer shall submit a phasing plan for both roadway construction and traffic signalization in the Sycamore Canyon project to the City Traffic Engineer for his review and approval prior to approval of the first final tract map. 128. That prior to the approval of the first final tract or parcel map, the property owner/developer shall dedicate sufficient right-of-way for the ultimate widening of Santa Ana Canyon Road and the associated slopes. 129. All public and private street parkways shall be maintained by the owner/developer unless maintained by another financial mechanism approved by the City. 130. That prior to approval of the first final tract map, the property owner/developer shall submit a phasing plan for both traffic signalization and roadway construction in Sycamore Canyon to the City Traffic Engineer for his review and approval. 131. That all parking requirements including size, location and number of required spaces shall be in conformance with City Engineering standards and City Codes, except as provided by Specific Plan No. 88-1 (Amendment No. 1). MISCELLANEOUS 132. 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. -28- 133. That the owner/developer shall coordinate cable facilities with the cable company which provides the cable television network system in the City. 134. That the developer shall coordinate with Pacific Bell Telephone Company to ensure timely construction and placement of necessary telephone facilities. 135. That within one hundred and twenty days (1Z0) days of final approval of the Specific Plan by the City Council or prior to the filing of any tentative tract or parcel map, whichever occurs first, 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 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. 156. That within 30 days of the City Council's action on the Specific Plan, 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, S0 copies of the final document shall be provided by the owner/developer to the Planning Department. 137. The obligations of the developer as set forth in Condition Nos. 20, 21, 26, 57 and 104 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. 138. That any proposal for development of a church facility on subject property shall be subject to the requirements of application for a conditional use permit as outlined in Title 18 of the Anaheim Municipal Code. 159. 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. -29- 140. The developer shall be required to construct a deceleration lane, 300 feet long, on southbound Weir Canyon Road at the access point to the sixty-one proposed single-family homes (Development Area 10). 141. The owner/developer of Sycamore Canyon shall be responsible for, and shall provide for the necessary changes in the electrical system required to provide service to the residential development of proposed Tract 12992 (Revision No. 1). 142. That prior to the recordation of each final tract or parcel map, the owner/developer of Sycamore Canyon shall either execute and record a covenant on the tract or include a statement in the tract CC&R's (Covenants, Conditions and Restrictions), that the 2 1/2 foot wide right-of-way area between the back of the sidewalk and the residential lot property line may not be improved by the residential lot homeowner (an "improvement" may include, but is not limited to, the construction of fences or walls, the planting of trees or plants other than a lawn, or the obstruction of said 2 1/2 foot wide right-of-way in any way which would preclude access by the City for maintenance of public utilities within said area. 145. That the property owner/developer shall install and dedicate to the City of Anaheim cable conduit sufficient to accommodate the City's cable television network system, including lateral access facilities to the property line for each residential unit in the development." BE IT FURTHER RESOLVED that, except as expressly amended herein, Specific Plan No. 88-1 as amended, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this llth day of April, 1989. ATTEST: L~ HEIM JLW:db ~ 3032L 041389 -30- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-123 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of April, 1989, by the following vote of the members thereof: AYES- COUNCIL MEMBERS- Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS- None ABSENT: COUNCIL MEMBERS' None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-123 on the 18th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 1989. ($ EAL) 6~CITY CLERK OF THE CI' OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-123 duly passed and adopted by the Anaheim City Council on April 11, 1989. · ~,~.CITY CLERK OF THE CI~f OF ANAHEIM