88-229RESOLUTION NO. 88R-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND
THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD
BE CHANGED.
WHEREAS, the City Planning Commission of the City of
Anaheim did hold a public hearing in Reclassification Proceedings
No. 86-87-19 to consider an amendment to the Zoning Map referred to
in Title 18 of the Anaheim Municipal Code, and to consider a change
in the boundaries of the zone or zones hereinafter mentioned and
described and, at said hearing, did receive evidence and reports
from persons interested therein and from its staff; and
WHEREAS, within a period of forty (40) days following
said hearing, the Planning Commission did duly adopt a resolution
containing a report of its findings, a summary of the evidence
presented at said bearing and approved the proposed amendment; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find and determine:
1. That the petitioner proposes an amendment to the
previously-approved Reclassification No. 86-87-19 [RS-A-45,000(SC)
"Residential/Agricultural Scenic Corridor Overlay" to PC(SC)
"Planned Community - Scenic Corridor Overlay" Zoning], to change
Development Area 105 from Hillside Low-Medium to Hillside Medium
Density Residential thereby increasing the total number of units
from 86 to 197, and to consolidate Development Areas 105 and 10O
(519 units currently designated Hillside Medium Density
Residential) with Development Area 104 (74 units currently
designated Hillside Low-Medium Density Residential) thereby
reconfiguring Development Area 104 (191 units to be designated
Hillside Medium Density Residential) and Development Area 10S (176
units to be designated Hillside Low-Medium Density Residential).
2. That the existing General Plan, as amended by General
Plan Amendment No. 223, permits up to 2,176 dwelling units for The
Summit of Anaheim Hills; that the existing Planned Community Zone
approval limited the number of dwelling units to 2,157; and that
General Plan Amendment No. 242, considered in conjunction with this
amendment to reclassification and recommended for approval by the
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Planning Commission in connection with Resolution No. PC 88-136,
further reduced the maximum number of dwelling units to 2,117,
thereby providing low density residential development while
maintaining natural hillside amenities.
3. That the proposed amendment to reclassification of
subject property is necessary and/or desirable for the orderly and
proper development of the community.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City
Council does hereby grant subject Petition for Amendment to
Reclassification and, by so doing, approve the amendment of Title
18-Zoning of the Anaheim Municipal Code to revise the location and
boundaries of the RS-5000(SC) (Residential, Single-Family - Scenic
Corridor Overlay), the RM-3000(SC) (Residential, Multiple-Family
Scenic Corridor Overlay) and the OS(SC) (Open Space - Scenic
Corridor Overlay) Zones for a portion of the western half of The
Summit of Anaheim Hills planned community described as follows:
PARCEL 1:
TRACT NO. 2 OF THE LAND ALLOTTED TO TEODOCIO YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1986, IN BOOK "B', PAGE 410 OF JUDGMENTS
OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN
AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT OF
FELIPE YORBA, PER SAID DECREE; THENCE SOOTH 27 DEGREES
08' EAST 1254.00 FEET; THENCE NORTH 62 DEGREES 52' EAST
5874.00 FEET TO THE LINE OF FLINT AND BIXBY'S ALLOTMENT
PER SAID DECREE: THENCE NORTH 54 DEGREES 45' EAST
1270.50 FEET TO THE NORTHEAST LINE OF PERALTA YORBA
TRACT, AS PER SAID DECREE; THENCE NORTH 27 DEGREES 08'
WEST 660.00 FEET TO THE SOUTHEAST CORNER OF THE SAID
TRACT OF FELIPE YORBA: THENCE SOUTH 62 DEGREES 52' WEST
6955.74 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
TRACT NO. 2 OF THE LAND ALLOTTED TO FELIPE YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGEMENTS
OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT, IN
AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT OF TOMAS
YORBA AS PER SAID DECREE: THENCE SOUTH 27 DEGREES 08'
EAST 1254.00 FEET: THENCE NORTH 62 DEGREES 52' EAST
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6955.74 FEET TO THE NORTHEAST BOUNDARY LINE OF TltE
PERALTA YORBA TRACT, AS PER SAID DECREE: THENCE NORTH
27 DEGREES 08' WEST 1254.00 FEET; THENCE SOUTH 62
DEGREES 52' WEST 6955.74 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
THE SECOND TRACT OF LAND ALLOTTED TO RAYMUNDO YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE
RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED
SEPTEMBER 12, 1868 IN BOOK "B", PAGE 410 OF JUDGMENTS
OF THE DISTRICT COURT OF TI4E 17th JUDICIAL DISTRICT IN
AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY OR SOUTHWESTERLY CORNER
OF THE TRACT OF LAND ALLOTTED TO TEODOCIO YORBA, AS PER
SAID DECREE: THENCE SOUTH 27 DEGREES 08' EAST 3128.40
FEEl'; THENCE NORTH 34 DEGREES 45' EAST 6576.00 FEET TO
THE SOUTHEAST CORNER OF SAID TRACT ALLOTTED TO TEODOCIO
YORBA; THENCE SOUTH 62 DEGREES WEST ALONG THE SOUTHERLY
LINE OF SAID TRACT S874.00 FEET TO THE POINT OF
BEGINNING.
BE IT FURTHER RESOLVED that said amendment is hereby
granted subject to the following conditions:
1. That the property owner/developer shall be responsible
for implementation of all applicable stipulations stated in Exhibit
B (Revision No. 1) (the document titled Public Facilities Plan for
the Oak Hills Ranch Development) as further amended by the City
Council's action on April 5, 1988, (now Exhibit B (Revision No. 2)
Public Facilities Plan for The Summit).
2. That the ordinances reclassifying The Summit Planned
Community shall be adopted as each parcel is ready to comply with
the conditions pertaining to such parcel; provided, however, that
the word "parcel" shall mean presently existing parcels of record
and any parcel approved for subdivision by the City Council.
3. That prior to introduction of ordinances rezoning each
portion of subject property as shown on Exhibit 5 in the document
titled Planned Community Zone for the Oak Hills Ranch Development
and dated March 20, 1987 (labeled Exhibit A, Revision 1), and in
accordance with the provisions of Chapter 18.85 (the Planned
Community Zone), the property owner/developer shall submit final
specific plans of development for each portion to the City Planning
Commission for review and approval. Final specific plans shall
include, but may not be limited to, the following:
(a) Location map drawn to the same scale as the maps
in Exhibit A (Revision No. 1) and relating the area to be rezoned
to the overall Summit Planned Community. Said location map shall
include a legal description of the property upon which the final
specific plan is being filed.
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(b) Topographic map.
(c) Site plans, floor plans and elevations - showing
the placement of all buildings and structures; the front, side and
rear elevations; the roof plans; and the exterior building
materials including roofing.
(d) Lot dimensions and pad sizes - of all lots
sufficient to indicate the relationship of the proposal to
nature and extent of the cut and fill earthwork involved.
the
(e) Landscaping plans - indicating the extent and type
of proposed landscaping and including any existing vegetation which
is to be retained.
(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.
(g) 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.
(h) 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. 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, and residential land
uses, etc. Ail signage shall be subject to the review and approval
of the City Traffic Engineer for vehicular and pedestrian
visibility.
4. That ali development including grading and landscape
plans shall comply with the requirements of the "Scenic Corridor
Overlay Zone" as outlined in Chapter 18.84 of the Anaheim Municipal
Code.
S. 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.
6. That any specimen tree removal shall comply with the tree
preservation regulations in Anaheim Municipal Code Chapter 18.84
"Scenic Corridor Overlay Zone".
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7. 1'hat 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 tile boundaries of subject tract.
8. 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.
WATER
9. That with the exception of Parcel Map No. 87-363, that in
conjunction with the submittal of each specific plan, including any
tentative tract or parcel map, the property owner/developer shall
provide information regarding the sizing requirements for the water
system, i.e. primary mains, special facilities, terminal storage
reservoir and transmission mains within the parcel or tract
boundaries; said requirements to be reviewed and approved by the
Water Engineering Division.
10. That with the exception of Parcel Map No. 87-363, that in
conjunction with the submittal of each specific plan including any
tentative 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.
11. That with the exception of Parcel Map No. 87-363, that
prior to approval of each specific plan including tentative tract
or parcel map, the Water Engineering Division shall have the
opportunity to review that specific development phase to determine
what increment, if any, of the terminal water storage facility must
be installed to support said development phase.
12. That with the exception of Parcel Map No. 87-363, that
prior to the approval of the first tentative tract map or parcel
map said map shall show the location of the terminal storage
reservoir and prior to the approval of the final tract or parcel
map (with the exception of Parcel Map No. 87-363), the property
owner/developer shall enter into a written agreement with the Water
Engineering Division as to the exact placement of the terminal
water storage facility.
13. That with the exception of Parcel Map No. 87-363, prior
to the approval of the first tentative tract or parcel map, the
property owner/developer shall obtain approval of a Master Plan of
hnprovements from the General Manager, Public Utilities
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Departiaent. The Master Plan of Improvements shall, in accordance
with the Water Utility's Rates, Rules and Regulations and The
Summit 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 Public Facilities 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 Plait of Improvements provided that such revisions
shall not affect contracts previously executed by the City and the
property owner/developer in accordance with the Master Plan of
Improvements prior to said revision.
14. That all water supply planning for the project shall
closely coordinated with, and be subject to review and final
approval by, the City of Anaheim Public Utilities Department.
be
15. That the water supply system for The Summit development
shall be designed in accordance with the Water Utility's Master
Plan for Special Facilities District No. 1.
16. That the water mains and water storage reservoirs shall
be designed as part of the City's Master Water System ultimately
serving areawide development.
17. That with the exception of Parcel Map No. 87-365, the
property 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.
17. With the exception of Parcel Map No. 87-363, that the
property 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.
18. That with the exception of Parcel Map No. 87-365, bonding
for construction of the required water system improvements shall be
furnished in conjunction with each final map.
19. That the water supply system shall be funded and
constructed in accordance with the following Water Utility's Rates,
Rules and Regulations: (a) the property developer/owner 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 property owner/developer in the
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form of primary acreage fees as provided for in Rule iS-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 with the exception of Parcel Hap
No. 87-363.
TRAFFIC
20. That the specific plans for any parcels containing the
intersections of Weir Canyon Road/Oak Hills Drive and Serrano
Avenue/Oak Hills Drive shall incorporate the design of double left
turn lanes in accordance with the recommendation in Table 6 of
Addendum 3 of the EIR as follows:
(a) Weir Canyon Road/Oak Hills Drive southbound
double left turn lanes; and,
(b) Serrano Avenue/Oak Hills Drive westbound double
left turn lanes.
21. That with the exception of Parcel Map No. 87-363, 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.
22. That with the exception of Parcel Map No. 87-363, in
conjunction with the submittal of the first specific plan including
any tentative tract or parcel map, the property owner/developer
shall prepare a site specific traffic study. The property
owner/developer shall also prepare an analysis of potential
acoustic impact on the proposed school site and adjacent
residential areas which are located in both The Summit and the
Sycamore Canyon prior to approval of any specific plan, including
any tentative tract or parcel map, with the exception of Parcel Map
No. 87-363 which is adjacent to the school site. The study shall
also address public safety considerations of pedestrian routes for
school children.
23. That with the exception of Parcel Map No. 87-563, in
conjunction with the submittal of each specific plan including any
tentative tract or parcel map, said plans shall show (a) that no
street intersections along Weir Canyon Road are located closer than
one thousand three hundred (1,300) feet apart and (b) that along
streets intersecting with Weir Canyon Road, no vehicular access
points are located closer than three hundred thirty (330) feet to
Weir Canyon Road, as required by the Traffic Engineer.
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24. 'Ihat the following conditions apply to the construction
of the Serrano Avenue/Weir Canyon Road connection between Canyon
Rim Road and the Bauer Ranch.
(a) 'lhe owner/developer of The Summit shall post
security in an amount and form approved by the City prior to
approval of the first fiual tract or parcel map on the }lighlands
Project to guarantee construction of Serrano Avenue within The
Summit as well as for one-half of the construction of the Serrano
Avenue/Weir Canyon Road connection within the Sycamore Canyon prior
to the occupancy of the 401st residential unit on the Highlands
Project, or the commencement of grading on The Summit, whichever
comes first. The owner/developer of the Highlands Project 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/Heir Canyon Road connection within the
Sycamore Canyon Ranch within the same time frame as set forth above.
(b) In the event the Highlands Project fails to post
security as set forth in (a) above, the owner/developer of The
Summit may post security in an amount and form approved by the City
prior to the commencement of grading on The Summit to guarantee the
construction of Serrano Avenue within The Summit as well as for
one-half of the construction of Serrano Avenue within the Highlands
Project prior to the placement of combustibles on The Summit, or
commencement of grading on the Sycamore Canyon Ranch, whichever
comes first, provided that the owner/developer of the Sycamore
Canyon Ranch posts similar security in an amount and form approved
by the City prior to commencement of grading on The Summit to
guarantee the construction of the Serrano Avenue/Heir Canyon Road
within their property as well as for one-half of the construction
of Serrano Avenue within the tiighlands Project within the same time
frame as set forth above.
(c) In the event that neither the owner/developer of
the Highlands Project nor the owner/developer of the Sycamore
Canyon Ranch posts the security as provided in (a) and (b) above,
the property owner/developer of The Summit shall, prior to
commencement of grading on The Summit, post a security in an amount
and form approved by the City to guarantee the construction of
Serrano Avenue/Heir Canyon Road from the existing terminus of
Serrano Avenue at Canyon Rim Road to the existing terminus of Weir
Canyon Road at the southern boundary of the Bauer Ranch prior to
placement of combustible materials on The Summit.
To the extent permitted by law, the City Council shall
establish reimbursement agreements or benefit districts to provide
reimbursement to The Summit and either the Highlands Project or the
Sycamore Canyon Ranch for the cost of construction within the third
ranch as provided in (a) and (b) above. Costs associated with the
establishment of such districts shall be at the expense of The
Summit owner/developer.
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25. That with the exception of Parcel Map No. 87-563, prior
to approval of each specific plan, including each tentative tract
or parcel map, the property owner/developer shall reach agreement
with the 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
£ull-time security guards are not provided); (c) all improvements
shall conform to City of Anaheim Standards and shall be subject to
the approval of the City Traffic Engineer.
26. That with the exception of Parcel Map No. 87-363, prior
to approval of the first final tract or parcel map, the property
owner/developer shall provide the City of Anaheim with proof of an
arterial highway right-of-way across the Sycamore Canyon Ranch,
thereby permitting the property owner/developer to extend Weir
Canyon Road and Serrano Avenue through the Sycamore Canyon Ranch,
thereby providing access to The Summit; and, further, proof of an
arterial highway right-of-way across the Highlands property to
provide for the extension of Serrano Avenue.
27. That with the exception of Parcel Map No. 87-363, prior
to approval of each specific plan including each tentative tract or
parcel map, the property owner/developer shall provide a traffic
impact study to assess the level of service and intersection
capacity utilization (ITU) at the intersection of Weir Canyon Road
and Santa Ana Canyon Road if the Eastern Transportation Corridor
has not yet been constructed. Said study shall be prepared at the
property owner/developer'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 Summit property
owner/developer and approved by the City.
28. That prior to introduction of the first ordinance
rezoning any portion of subject property, the property
owner/developer shall agree to construct bus bays as deemed
necessary by the Orange County Transit District and the City
Traffic Engineer, at no cost to the City. Written proof of said
agreement shall be furnished to the Planning Department.
29. That prior to introduction of the first ordinance
rezoning any portion of subject property, the property
owner/developer shall submit a phasing plan for both traffic
signalization and roadway construction in The Summit to the City
Traffic Engineer for review and approval.
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30. That with tile exception of Parcel Map No. 87-363, prior
to approval of tile 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.
31. That prior to issuance of building permits, or as
otherwise deemed necessary by tile Traffic Engineer, the precise
location and phasing of any required signals shall be subject to
review and approval by the City Traffic Engineer. All signals
shall be interconnected with the City system.
32. That the property owner/developer shall pay the Bridge
Thoroughfare Fee for the Eastern Transportation Corridor in
compliance with City Council Resolution No. 85-R-423.
33. That no residential front-ons along arterial highways
shall be included in The Summit development.
34. That all private streets shall be developed in accordance
with the City of Anaheim's Staudard 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.)
35. That with the exception of Parcel Map No. 87-363, all
public residential streets shall be designed in accordance with
City standards and reviewed and approved by the City Engineer prior
to each tentative tract or parcel map approval.
36. That the private street system design shall include
provisions for accommodating the collection of refuse in accordance
with City requirements.
37. That prior to final tract map approval, street names
shall be submitted for review and approval to the Planning
Oepartment.
58. That prior to any occupancy, temporary street name signs
shall be installed if permanent street name signs have not been
installed.
39. That ilo public or private street grades shall exceed 10%
except by prior approval of the Chief of the Fire Department and
the Engineering Division.
40. 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
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Traffic Engineer prior to the approval of each tentative tract or
parcel map with the exception of Parcel Map No. 87-563.
41. That any on- or off-site roads shall be constructed in
accordance with all applicable Circulation Element and Engineering
standards.
42. That the property 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.
43. That with the exception of Parcel Map No. 87-363, prior
to approval of the first final tract or parcel map, the general
alignment of The Summit road system including residential and local
street alignments, shall be submitted for review and approval by
the City Traffic Engineer, and prior to approval of each final
tract or parcel map with the exception of Parcel Map No. 87-363,
the engineering drawings for street improvements located within the
tract area shall be submitted for review and approval by the City
Engineer.
44. That bonding for on-site roadways and traffic signals
shall be furnished as part of in-tract improvements.
45. That the property 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) acquiring any permits for any on- and off-site
roadways and any subsequent environmental assessments deemed
necessary; (d) maintenance of the private street system and ali
public and private street parkways, unless maintained by another
financial mechanism approved by the City.
46. That with the exception of Parcel Map No. 87-363, 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, The
Summit and Sycamore Canyon 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 Sycamore Canyon Ranch and The Summit; 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.
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(b) Restripe tile 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.
STREET MAINTENANCE
47. That as required by Condition No. 138 hereof, the street
maintenance facility shall be irrevocably offered for dedication
prior to recordation of Parcel Map No. 87-563. Said facility shall
be located adjacent to the proposed park or school site and shall
be approved by the Director of Maintenance. In conjunction with
approval of the first final tract or parcel map, with the exception
of Parcel Map No. 87-363, the precise configuration of the street
maintenance facility shall be approved by the Director o£
Maintenance. If the configuration of the site is different from
the site offered for dedication per Parcel Hap No. 87-503, the
owner/developer shall provide an irrevocable offer to dedicate said
modified site. Furthermore, prior to approval of the first final
tract or parcel map with the exception of Parcel Map No. 87-363,
the property owner/developer shall enter into an agreement with the
Maintenance Department to provide its proportionate share of the
costs to the City for provision of the 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.
48. 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.
49. That with the exception of Parcel Map No. 87-363, prior
to recordation of each tract or parcel map, the property
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.
50. That with the exception of Parcel Map No. 87-365, 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 property owuer/developer.
REIMBURSEMENTS
51. That with the exception of Parcel Map No. 87-363, prior
to introduction of the first ordinance rezoning any portion of
subject property or prior to approval of the first final tract of
parcel map, whichever occurs first, the property owner/developer
shall post a bond to secure reimbursement to the City of Anaheim
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for The Summit proportionate share of the cost for providing public
facilities and utilities (including a fire station, electrical and
water facilities, and drainage facilities), which facilities and
utilities are located in the Bauer Ranch but will also serve The
Summit which proportionate share of cost will be paid by property
owner prior to the issuance of the Certificate of Occupancy or use
for the first unit in The Summit. Said funds shall be used to
reimburse Kaufman and Broad (the developer of the Bauer Ranch) for
1he Summit's proportionate share of said facilities and utilities.
Said costs shall be determined by reimbursement agreements
administered by the city.
FIRE
52. That with the exception of Parcel Map No. 87-363, in
conjunction with submittal of the first final tract or parcel map,
the property owner/developer shall submit plans delineating roadway
access to The Summit from Fire Station No. 9 via Serrano Avenue or
some other acceptable route; and, Fire Station No. 10 via a new
Weir Canyon/Serrano connection or some other acceptable route.
Such plans shall be to the satisfaction of the City Fire Chief and
City Traffic Engineer.
53. That prior to issuance of each building permit, the
property owner/ developer shall submit detailed design plans for
accessibility of emergency fire equipment, fire hydrant location
and other construction features to tile Fire Marshal for review and
approval. Prior to the placement of building materials on the
building site, an ail weather driving surface must be provided from
the roadway system to and on tile 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.
S4. That tile water supply system for The Summit development
shall be designed to provide sufficient fireflow pressure and
storage in accordance with Fire Department requirements.
S5. That prior to commencement of structural framing on each
parcel or lot, accessible fire hydrants shall be installed and
charged within one hundred fifty (1SO) feet of ali 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
Summit may be obtained from the Fire Department.
56. That prior to any construction on any parcel on The
Summit, access, as approved per Condition No. S2, from Fire Station
No. 9 via Serrano Avenue or other acceptable route and Fire Station
No. 10 via a new Weir Canyon/Serrano connection or other acceptable
route, shall be provided in accordance with Fire Department
policies and requirements for fire fighting equipment and emergency
evacuation only. Said access would not be used for general traffic
circulation.
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57. 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. 70-01). 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.
58. That fuel breaks shall be provided as determined to be
necessary by the Chief of the Fire Department.
59. That native slopes adjacent to newly constructed
residences shall be landscaped with a low-fuel combustible seed
mix. Such slopes shall be sprinklered aud weeded as required to
establish a minimum of one hundred (100) feet of separation between
flammable vegetation and arty structure.
60. 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.
61. That prior to the issuance of tile 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.
PARKS
62. That with the exception of Parcel Map No. 87-363, prior
to approval of the first final tract or parcel map for any portion
of subject property, the property owner/developer shall enter into
a written agreement with the Parks, Recreation and Community
Services Department specifying the timing and dollar amount of the
property owner/developer's responsibility for park facility
construction. Said agreement shall include the following: (a)
identification of the physical boundaries of the park site, as
agreed to by The Summit property owner/developer and the Parks,
Recreation and Community Services Department; (b) plans for
vehicular and pedestrian access to the park site, including any
necessary agreements with adjacent property owners as approved by
the Parks, Recreation and Community Services Department and by the
City Traffic Engineer.
63. That with tile exception of Parcel Map No. 87-363, prior
to approval of the first tentative tract or parcel map, the
property owner/developer shall submit a plan showing the general
alignment and locations of the equestrian and hiking trail system
within The Summit to the City Parks, Recreation and Community
Services Department for review and approval. Prior to the approval
of each final tract or parcel map, with the exception of Parcel Map
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No. 87-363, the property 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. The property
owner/developer shall dedicate and construct the trails (including
trail access points, signage, furnishings and other related
features per City standards). Bonding for trail improvements shall
be furnished as a part of in-tract improvements.
64. That as required by Condition No. 138, hereof, the
community park site shall be irrevocably offered for dedication
prior to recordation of Parcel Map No. 87-565. The precise
configuration o£ the park area required for dedication and
development by the owner/developer shall be approved by the
Department of Parks, Recreation and Community Services and, if
different £rom the previously dedicated configuration, the
owner/developer shall provide an irrevocable offer of dedication of
the approved park site prior to the approval of the first final
tract or parcel map adjoining any park area. Should Parcel Map No.
87-565 not be processed, then prior to approval of the first final
tract or parcel map adjoining any park area, the property
owner/developer shall provide an irrevocable offer to dedicate the
approved park site.
65. That consistent with the agreement between the
owner/developer and the Parks, Recreation and Community Services
Department, development o£ the City's 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 neighborhood parks within the City. 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, restroom 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. Property owner/developer shall also provide consultant(s)
who prepared construction documents for construction observation to
insure the project is constructed as intended.
66. That the payment of in-l[eu fees for additional park
dedication obligation requirements shall be made in accordance with
City requirements and the Subdivision Map Act when determined
appropriate by the Parks, Recreation and Community Services
Department.
67. That County trails shall be maintained by the County or
through a Special Maintenance District or other financial mechanism
acceptable to and approved by the City, and shall be established at
the expense of the property owner/developer, prior to the issuance
of the first Certificate of Occupancy.
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68. That the dedicated park site shall be graded flat, with
an average slope of 1-1/2% and no slopes greater than 5% will be
contained on the site. Variation from these standards may be
approved by the Parks, Recreation and Community Services Department
based on grading, aesthetics, drainage and the city-approved Park
Site Haster Plan.
69. That the park dedication requirement shall be for the
full 12-acre requirement (based upon 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. Final site
acceptance requires the approval of the Department of Parks,
Recreation & Community Services with the submittal of the first
final tract map.
70. That a grading feasibility study of the park site must be
submitted and approved by the Department of Parks, Recreation and
Community Services and the Engineering Department to determine the
average slope of the site and insure that the graded areas for The
Summit park and future Sycamore Canyon Ranch park dedication can be
provided consistent with Condition No. 68. This grading
feasibility study must be provided with the first final tract
approval. Final grading plans for the park must be approved by the
Department of Parks, Recreation and Community Services and
Engineering Department and be in conformance with the
previously-approved grading feasibility study.
71. That the entire public park site shall be located east of
the drainage channel showu bisecting the park on previous proposals.
72. That the park site shall front on a residential street
for a minimum of 200 contiguous and linear feet.
75. That, consistent with City Council adopted "Local
Parksite Criteria", no park dedication credit will be provided for
any portion of the Four Corners Pipeline Easement located within
the proposed parksite. Additionally, the location of the easement
(and the actual pipeline) cannot materially affect the park design
or development, nor the safety of the user public and city staff as
determined and in accordance with the findings of a
relocation/safety study of the Four Corners Pipeline. This
condition shall be in compliance with the requirements identified
in Condition No. 135 for The Summit project.
74. That the park site must present a uniform configuration
with no irregular appendages. The final park site configurations
shall be subject to the approval of the Parks, Recreation and
Community Services Department.
75. That the park site dedication must continue to meet the
general conditions of the local park site criteria.
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70. That the handicapped and pedestrian accessibility must be
provided from the subdivision improvements west of the park site,
subject to the approval of the Department of Parks, Recreation and
Community Services and the Building Department.
77. a. That the owner/developer complete the park
construction within one (1) year from the issuance of the 970th
building permit or the issuance of the first building permit for
Parcel 202 of Area D, whichever comes £irst.
b. lhat The Summit shall begin construction of their
parksite within thirty (50) days of the commencement of any
construction required of the Sycamore Canyon Ranch owner/developer
in their parksite located contiguous to The Summit property,
regardless of the number of building permits issued for The Summit.
c. That prior to the approval of the first final tract
or parcel map, with the exception of Parcel Map No. 87-363,
containing the 970th unit the owner/developer will post a bond or
other appropriate security in an amount and form approved by the
City, to ensure the parksite design and construction (including all
weather vehicular access approved by the Department of Parks,
Recreation and Community Services and the Traffic Engineer) are
completed as required in items 77a and/or 77b as indicated above.
UTILITIES - GENERAL
78. That with the exception of Parcel Map No. 87-363, 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 Highlands property or
Sycamore Canyon Ranch, in order to serve the needs of The Summit,
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.
79. That with the exception of Parcel Map No. 87-363, 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
coordinated with site development.
LIBRARY
80. That with the exception of Parcel Map No. 87-363, prior
to approval of the first final tract or parcel map for any portion
of subject property, the property owner/developer shall enter into
an agreement with the City of Anaheim Library Department to provide
The Summit 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.
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POLICE
81. That with the exception of Parcel Map No. 87-363, 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 provisiou 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 Department and
Police Department and shall be subject to approval by the Police
Department and City Attorney's Office.
SCHOOLS
82. That prior to introduction of the first ordinance
rezoning any portion of subject property, the property
owner/developer shall provide the Planning Department with a letter
indicating The Summit and the Orange Unified School District, have
come to a conceptual agreement on the location and size of the
elementary school site; and that prior to the issuance of the first
building permit, the property owner/developer shall provide the
department with proof of a written agreement between The Summit and
the Orange Unified School District agreeing on the actual location
and size of the elementary school site as well as specified timing
of dedication, construction, grading of the site and any further
obligations benefiting the area ranches as to their proportionate
share of cost for the school facility. In addition, the agreement
shall provide for The Summit proportionate share in providing
off-site elementary and secondary school facilities to meet the
needs of The Summit.
SANITARY SEWERS
83. That with the exception of Parcel Map No. 87-363, 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.
84. That with the exception of Parcel Map No. 87-363, 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 performed by the property owner/developer
and to be submitted to and approved by the City Engineer.
85. That the property owner/developer of The Summit shall be
financially responsible for the following sanitary sewer-related
items: (a) the acquisition of any required permits and
environmental assessments; (b) the design and construction of all
local sewer line extensions and related facilities as part of the
improvements for each tract or parcel map with the exception of
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Parcel Map No. 87-363, as approved by the City Engineer; ~c) 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 and sewer lines in private streets
which shall be established at the expense of the property
owner/developer.
ItYDROLOGY
86. That with the exception of Parcel Map No. 87-365, prior
to approval of the first final tract or parcel map, a feasibility
study of the property owner/developer's proposed storm drain
concept shall be conducted to address the erosion, siltation,
sedimentation equilibrium and environmental concerns, including the
optimum level of high level flow for satisfying both hydrology and
natural vegetation needs within the drainage basin. 1'his study
shall also address these effects on the proposed park site. In
addition, the study shall address tile maintenance costs associated
with the facilities. Said study shall be conducted by the City and
funded by tile developer. The phasing of construction and final
design, including erosion control measures 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. Furthermore, precise
alignments of drainage improvements in the northern portion of the
major drainageway on-site shall be located to preserve significant
stands of oak trees to the maximum extent feasible. The property
owner/developer shall submit results of a mapping survey of oak
trees in that area to the Parks, Recreation and Community Services
Department, indicating which trees will be preserved, at the time
the drainage system plans are reviewed by the City Engineer.
87. That with tile exception of Parcel Map No. 87-563, 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.
88. That prior to approval of tile final grading plan for any
area having interface with the future Weir Canyon Regional Park,
the property owner/developer shall submit to the City Engineer for
his approval a site specific hydrology study plan demonstrating
that surface runoff to the park area will not increase as a result
of proposed on-site grading and other development-related drainage
and urban run-off effects.
89. That tile 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.
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90. 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.
91. That the property owner/developer of The Summit shall be
financially responsible for the following items: (a) advancement
of funds for and the construction of 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 by the City of Anaheim.
92. That bonding for the Master Plan drainage facilities
shall be provided in conjunction with the various phases that may
be approved. Bonding for in-tract improvements shall occur with
tract approvals.
95. That the phasing of in-tract drainage improvements shall
occur as final tract maps are approved for ail development areas.
94. That local storm drains shall be constructed as part of
the improvements for each tract.
95. 2'hat with the exception of Parcel Map No. 87-563, prior
to approval of the first final tract or parcel map, a special
maintenance district or other funding mechanism acceptable to and
approved by the City shall be established at the expense of the
property owner/developer for the maintenance of all open or natural
channel storm drain facilities both on- and off-site necessitated
by The Summit development.
96. 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 grading work shall be permitted between October
1Sth and April 15th unless ali off-site drainage facilities as
required by the drainage feasibility study 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 property owner/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 or parcel
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 property
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owner/developer 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 property owner/developer.
GRADING~SOIL~LANDSCAPING
97. That with the exception of Parcel Map No. 87-363, 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 arid ali
engineering geologist subsequeut 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, that 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 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)
that 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 ali exposed slopes, temporary sedimentation basins
and sandbagging, if necessary, arid 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.
98. That any grading or development of the site shall conform
to the general recommendations presented in the geotechnical
studies (Lownes Geologic Services, dated 1983; Leighton and
Associates, dated August 1986, and May 1985) referred to in EIR No.
281. Said recommendations shall include specifications for site
preparation, landslide treatment, treatment of cut and fill, slope
stability, soils engineering, arid surface and subsurface drainage,
and recommendations for further study.
99. That in conjunction 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 No. 211.
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100. That with the exception of Parcel Map No. 87-363, 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 The Summit (and which
roadways may be located in the Sycamore Canyon Ranch or Highlands
development), and furthermore shall, prior to approval of the first
final tract or parcel map, with the exception of Parcel Map No.
87-363, provide for a maintenance mechanism for said slopes
acceptable to tile City Engineer.
ELECTRICAL
101. That with the exception of Parcel Map No. 87-363, 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.
102. ~hat the property owner/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 tile City of Anaheim Rates, Rules and
Regulations.
103. That the property owner/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 and 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
property owner/developer shall also advance this fee to the City to
complete the backbone system upon billing by the City.
104. That with the exception of Parcel Map No. 87-363, prior
to final tract or parcel map approval, the property owner/developer
shall advance a non-refundable fee for lots as determined by the
Public Utilities Department.
105. 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.
106. That with tile exception of Parcel Map No. 87-363, all
facilities shall be located within public rights-of-way and
easements dedicated with tile recordation of final maps. Tile
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.
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LANDSCAPING
107. That in conjunction with the submittal of each 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.
108. 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, it shall provide visual screening of urban
uses (residential, commercial, school, water tank) from open space
areas on- and off-site. 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 tile
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.
109. That reasonable landscaping, including irrigation
facilities, shall be designed, financed and installed by the
property owner/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
property owner/developer prior to the approval of the first final
tract or parcel map with the exception of Parcel Map No. 87-363.
110. That with the exception of Parcel Map No. 87-363, prior
to the first final tract or parcel map approval, the property
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.
111. 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 property owner/developer of
subject property shall execute and record a covenant obligating the
}lomeowners 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 Weir Canyon Road; (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
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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 gap No. 87-365. The property owner/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 property owner/developer shall post a bond in an
amount and form satisfactory to the City of Anaheim to guarantee
performance of the property owner/developer's obligations herein
described. Evidence of the required insurance and bond shall be
submitted to and approved by the City Attorney's Office prior to
approval of the first final tract or parcel map, with the exception
of Parcel Map No. 87-363.
AESTItETIC/VISUAL
112. That prior to approval of the final grading plan adjacent
to the future Weir Canyon Regional Park boundary, the property
owner/developer shall submit a visual impact analysis to assist
mitigation of visual impacts through refinements to final grading
plans and site plans. The analysis shall examine potential impacts
to major viewpoints off-site to be identified and prepared with the
assistance of Orange County EMA staff, and shall be in accordance
with the Response to Comments Section of EIR No. 281. Based on
this analysis, grading plans and site plans shall be refined to the
greatest degree feasible in order to reduce visual intrusion from
the proposed Summit development into the proposed Heir Canyon
Regional Park. The analysis and its recommendations shall be
prepared in close cooperation with Orange County EMA staff who
shall have a minimum of twenty one (21) days (from the date of
receipt) to review and comment on the analysis and its findings.
The analysis and its recommendations shall be approved by the City
Engineer and shall be implemented in connection with commencement
of any development within the viewshed area. Furthermore, grading
will emphasize scenic vistas onto open space areas from all public
rights-of-way, trails, and development parcels, and a minimum
twenty (20) foot landscaped building setback shall be maintained
from the top of all manufactured slopes adjacent to the future Weir
Canyon Regional Park boundary.
NOISE
113. That prior to issuance of building permits, the property
owner/developer shall present evidence satisfactory to the Chief
Building Inspector that each portion of the proposed project is in
conformance with Council Policy Number 542 "Sound Attenuation in
Residential Projects" and with Noise Insulation Standards specified
in the California Administrative Code, Title 2S, except when
preservation of the viewshed is involved.
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114. 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.
ENERGY CONSERVATION
llS. That prior to issuance of building permits, 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.
116. 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.
117. 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.
SOLIb WASTE (REFUSE)
118. 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.
AIR QUALITY
119. That the property owner/developer shall implement regular
ground watering and other forms of construction dust control in
accordance with City standards.
CULTURAL RESOURCES
120. 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 property owner/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.
MISCELLANEOUS
121. That with the exception of Parcel Map No. 87-363, prior
to approval of the first tentative tract or parcel map, the
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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 Summit; 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.
122. That prior to introduction of tile ordinance rezoning that
portion of subject property, adjacent to the bike path, the
property owner/developer shall submit an alignment plan for a Class
1 off-road bikeway along Weir Canyon Road for the review and
approval of the Orange County Environmental Management Agency (EMA)
and the City Traffic Engineer. A copy of said approved plan shall
then be submitted to the Planning Department.
123. That with the exception of Parcel Map No. 87-363, in
conjunction with the submittal of any specific plan, including any
tentative tract or parcel map, which is impacted by the proposed
lake system, the property owner/developer shall provide the design
of the proposed lakes system (as shown in the Public Facilities
Plan for The Summit Development) for Planning Commission review and
approval. Said design shall include enhancements of the project's
visual environment. These enhancements shall include features
associated with the proposed use of the lakes as a biological
habitat, as well as other enhancements whose purposes are purely
visual.
124. That prior to tile 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 aud preservation of on-site
woodland resources within ungraded areas containing oaks (see
Environmental Impact Report No. 281).
125. That prior to construction of the proposed lake system,
the property owner/developer shall submit regulations and
guidelines governing proposed uses and activities in the lake
system (for example, public safety features such as gently sloping
sides to prevent entry into deep water from the lake's perimeter)
to the Planning Department.
126. That with the exception of Parcel Map No. 87-363, prior
to submittal of each specific plan including any tentative tract or
parcel 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.).
127. 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) of subject property shall execute and
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record a covenant 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.
128. That with the exception of Parcel Map No. 87-363, prior
to approval of the first final tract map or parcel map for The
Summit 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 The Summit. 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
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.
129. That with the exception of Parcel Map No. 87-363, prior
to the recordation of the first final tract or parcel map adjacent
to the park, the property owner/developer shall irrevocably offer
to dedicate, in fee, acreage as ultimately approved for that area
to be annexed to the Weir Canyon Regional Park to the County of
Orange for permanent open space.
130. That all Special Maintenance Districts or other financial
mechanisms referenced in previous conditions shall be established
at the expense of the property owner/developer.
131. That the property owner/developer shall construct and
dedicate to the City of Anaheim all cable facilities necessary to
implement the City's cable television network system.
132. That within sixty (60) days of final approval of the
Planned Community Zone by the City Council, the property
owner/developer 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 Planned Community Zone and are
not necessarily based upon the content of said first map. The
covenant shall further provide that the property owner/developer
shall waive for itself, its successors and assigns, any objection
to imposition of said conditions upon the first tentative or final
parcel or tract map otherwise assertible based upon permitted
conditions, exactions and fees set forth in the Subdivision Map Act.
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133. That within thirty (30) days of the City Council's
action, the property owner/developer shall provide the Planning
Department with three copies of an amended Planned Community Zone
booklet (General Plan of Development) and Public Facilities Plan
reflective of the City Council's action. Upon review and approval
of the amended documents by the Planning Department, fifty (50)
copies of each final document shall be provided by the property
owner/developer to the Planning Department.
HABITAT ENHANCEMENT
134. That prior to introduction of the first ordinance
rezoning any portion of subject property, the property
owner/developer shall provide a Resource Management Program,
approved by the State Department of Fish and Game and in accordance
with the Draft EIR No. 281 and Response to Comments, for approval
by the Planning and Parks, Recreation and Community Services
Departments.
OTHER MISCELLANEOUS
155. 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 relocations if deemed necessary. 1he
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.
136. That the obligations of the developer as set forth in
Condition Nos. 12, 28, 29, 47, 62, 65,77, 80 and 81 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 approved thereof by the City required
contemporaneous with the approval of any agreement creating such
obligation or at the time such obligation otherwise is established.
137. That 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 twenty-two (Z2)
following the date of such decision or action.
days
138. That 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 2itle 17 of the Anaheim Municipal Code)
record Tentative Parcel Map No. 87-365 for the limited purpose of
conveyances for finance without complying with any of the
conditions of approval contained herein which, by their terms, must
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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. 87-363 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) Irrevocable offers of dedication for right-of-way
for all arterial highways (with adjoining slope easements) and
community park and other public facility sites identified in these
conditions of approval are made prior to the recordation of Parcel
Map No. 87-565; and
(c) Parcel Map No. 87-563 otherwise complies with the
Subdivision Map Act and the Anaheim Municipal Code.
159. That construction traffic or equipment access shall be
provided from another source than the existing Serrano Avenue or
Canyon Rim Road.
140. That prior to recordation of the first final tract or
parcel map within the boundaries of The Summit project, the
owner/developer shall irrevocably offer to dedicate to the City of
Anaheim, the 78-foot right of way required for the construction of
Serrano Avenue from the Highlands boundary to the Sycamore Canyon
Boundary.
BE IT FURTHER RESOLVEP that the City Council of the City
of Anaheim does hereby find and determine that the adoption of this
Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
condition or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be
deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim thi~ 14th d~ of June, 1988.
MAYOR OF THE CI F ANAHEIM
ATTEST: · ~){ ~
CIT~ CLERK OF THE CITY OF ANAHEIM
JW :fm/2615L
070588
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CLE~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM
2, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 88R-229 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of June, 1988, by the following vote of the members thereof:
AYES:
NOES:
A~SENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Ehrle, Hunter, Kaywood, Pickler and Bay
None
None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-229 on the 8th day of July, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of July, 19~8.
CiTY CLEFd< OF THE -CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the eriginal of Resolution No. 88R-229 duly passed and
adopted by the Anaheim City Council on July 8, 1988.
CITY CLERK O'F %HE CITY OF ANAHEIM