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87-272RESOLUTION NO. 87R-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO 1N TITLE 18 OF TIlE ANAItEIM MUNICIPAL CODE SttOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED AND THAT GENERAL PLAN OF DEVELOPMENT (EXHIBIT A) SHOULD BE ADOPTED. 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 that in conjunction therewith a General Plan of Development pursuant to Chapter 18.85 of the Anaheim Municipal Code was considered 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 hearing and approved the proposed amendment and proposed General Plan of Development; 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, after consideration of Draft Environmental Impact Report (EIR) No. 281, together with written and oral comments thereon, the City Council finds that certain enumerated impacts identified in EIR No. 281 cannot be mitigated below a level of significant, the City Council hereby adopted the following Statement of Overriding Considerations pursuant to Section 15093 of the California Environmental Quality Act Act (CEqA) Guidelines as adopted by the City. 1. Economic, social and physical considerations make it infeasible to eliminate all of the significant environmental impacts of the project which have been identified in EIR No. 281. 2. Such environmental impacts will be reduced by compliance with City codes, policies and procedures. 86-87-19 3. The project will bring substantial benefits to the citizens of Anaheim by providing employment and permitting the development of a variety of high-quality residential densities and unit types to assist in meeting demands for housing. 4. Mitigation measures have been incorporated into the project to reduce the majority of environmental impacts to an acceptable level. AND ~HEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone and zones as hereinafter set forth; and WHEREAS, the City Council further does find and determine that in conjunction with said PC Zone, the proposed General Plan of Development should be adopted. NOW, THEREFORE, BE I1' RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: 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 SPETMEBER 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 7HE SOUTHWEST CORNER OF THE TRACT OF FELIPE YORBA, PER SAID DECREE; THENCE SOUTH 27© 08' EAST 1254.00 FEET; THENCE NORTH 62© 52' EAST S874.00 FEET TO 1'tie LINE OF FLINT AND BIXBY'S ALLOTMENT PER SAID DECREE; THENCE NORTH 54° 45' EAST 1270.S0 FEET TO THE NORTHEAST LINE OF PERALTA YORBA TRACT, AS PER SAID DECREE; THENCE NORTH 27© 08' NEST 660.00 FEET TO THE SOUTHEAST CORNER OF THE SAID TRACT OF FELIPE YORBA; THENCE SOUTH 62© S2' ~EST 69S5.74 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, hHICH ~AS ENTERED SEPIEMBER 12, 1868 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: -2- BEGINNING AT THE SOUTHWEST CORNER OF THE TRACT OF TOMAS YORBA AS PER SAID DECREE; THENCE SOUTH 27© 08' EAST 1254.00 FEET; THENCE NORTH 62© 52' EAST 6955.74 FEET TO THE NORTHEAST BOUNDARY LINE OF THE PERALTA YORBA TRACT, AS PER SAID DECREE; THENCE NORTH 27© 08' WEST 1254.00 FEET; THENCE SOUTH 62© 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 THE 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© 08' EAST 3128.40 FEET; THENCE NORTH 34© 45' EAST 6567.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT ALLOTTED TO TEODOCIO YORBA; THENCE SOUTH 62© 52' WEST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT 5874.00 FEET TO THE POINT OF BEGINNING, into the "PC(SC)" PLANNED COMMUNITY (SCENIC CORRIDOR OVERLAY) ZONE of the City of Anaheim, subject to the conditions hereinafter set forth. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that as provided in Section 18.85.051 of the Anaheim Municipal Code that the General Plan of Development for the PC Zone for the Oak Hills Ranch identified as the "Planned Community Zone for the Oak Hills Ranch" marked as Exhibit A be, and the same is hereby, adopted subject to the conditions hereinafter set forth. BE IT FURTHER RESOLVED by the City Council of the City of Anaheim that the reclassification to PC(SC) Zone and the adoption of the General Plan of Development as hereinabove described shall each be subject to the following conditions: PLANNING-RELATED 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 ultimately amended and approved by the Planning Commission/City Council. 2. That the ordinances reclassifying the Oak Hills Ranch 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 3 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 Oak Hills Ranch Planned Community. Said location map shall include a legal description of the property upon which the final specific plan is being filed. (b) Topographic map. (c) Site plans, floor plans and elevations - showing the placement of ail 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 ail lots sufficient to indicate the relationship of the proposal to the nature and extent of the cut and fill earthwork involved. (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- 4. That ali development including grading and landscape plans shall comply with the requirements of the "Scenic Corridor Overlay Zone" as outtined in Chapter 18.84 of the Anaheim Municipal Code. 5. ~'hat 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 ~unicipal Code Chapter 18.84 "Scenic Corridor Overlay Zone". 7. 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 (500) feet of the boundaries of subject tract. 8. That as specified in Anaheim Municipal Code Sections 18.84.041.012 and 18.84.062.052, no roof-mounted equipment whatsoever shall be permitted. ~ATER 9. 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 within the parcel or tract boundaries; said requirements to be reviewed and approved by the Hater Engineering Division. 10. 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 prior to approval of each specific plan including tentative tract or parcel map, the ~ater 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. -5- 12. That prior to approval of the first specific plan including any tentative tract or parcel map, the property owner/developer shall enter into a written agreement with the hater Engineering Division as to the exact placement of the terminal water storage facility. 15. That prior to the approval of the first tentative tract or parcel map, the property owner/developer shall obtain approval of a Master Plan of Improvements from the General Manager, Public Utilities Department. The Master Plan of Improvements shall, in accordance with the hater Utility's Rates, Rules and Regulations and the Oak Hills Ranch 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 hater Otility'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 Plan of Improvements provided that such revisions shall not affect contracts previously executed by the City and the property owner/developer in accordance with the Master Plan of Improvements prior to said revision. 14. That ail water supply planning for the project shali be closely coordinated with, and be subject to review and final approval by, the City of Anaheim Public Utilities Bepartment. iS. That the water supply system for the Oak Hills Ranch development shaI1 be designed in accordance with the hater 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 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 bonding for construction of the required water system improvements shall be furnished in conjunction ~ith each final map. 19. That the water supply system sttall 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 -6- 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 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. TRAFFIC 20. That the specific plans for any parcels containing tile 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; arid, (b) Serrano Avenue/Oak Hills Drive - westbound double left turn lanes. 21. 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, arid other transportation demand management strategies applicable to the development site. 22. That iii 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 Oak Hills Ranch and the ~allace Ranch prior to approval of any specific plan, including arty tentative tract or parcel map which is adjacent to the school site. The study shall also address public safety considerations of pedestrian routes for school children. 23. That 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 heir Canyon Road are located closer than one thousand three hundred (1,300) feet apart and (b) that along streets intersecting with heir Canyon Road, no vehicular access points are located closer than three hundred thirty (350) feet to ~eir Canyon Road, as required by the Traffic Engineer. 24. The following conditions apply to the construction of the Serrano Avenue/Weir Canyon Road connection between Canyon Rim Road and the Bauer Ranch. (a) The owner/developer of the Oak Hills Ranch shall post security in an amount and form approved by the City prior to approval of the first final tract or parcel map on the Highlands Project to guarantee construction of Serrano Avenue within the Oak Hills Ranch as well as for one-half of the construction of the Serrano Avenue/Weir Canyon Road connection within the Wallace Ranch prior to the occupancy of the 401st residential unit on the Highlands Project, or the commencement of grading on the Oak Hills Ranch, 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/Weir Canyon Road connection within the Wallace Ranch within the same time frame as set forth above. (b) In the event the ~tighlands Project fails to post security as set forth in (a) above, the owner/developer of the Oak Hills Ranch may post security in an amount and form approved by the City prior to the commencement of grading on the Oak Hills Ranch to guarantee the construction of Serrano Avenue within the Oak Hills Ranch as well as for one-half of the construction of Serrano Avenue within the }iighlands Project prior to the placement of combustibles on the Oak Hills Ranch, or commencement of grading on the Wallace Ranch, whichever comes first, provided that the owner/developer of the Wallace Ranch posts similar security in an amount and form approved by the City prior to comn~encement of grading on the Oak Hills Ranch to guarantee the construction of the Serrano Avenue/Weir Canyon Road within their property as well as for one-half of the construction of Serrano Avenue within the Highlands Project within the same time frame as set forth above. (c) In the event that neither the owner/developer of the ttighlands Project nor the owner/developer of the Wallace Ranch posts the security as provided in (a) and (b) above, the property owner/developer of the Oak Hills Ranch shall, prior to commencement of grading on the Oak Hills Ranch, post a security in an amount and form approved by the City to guarantee the construction of Serrano Avenue/Weir Canyon Road from the existing terminus of Serrano Avenue at Canyon Rim Road to the existing terminus of ~eir Canyon Road at the southern boundary of the Bauer Ranch prior to placement of combustible materials on the Oak Hills Ranch. To the extent permitted by law, the City Council shall establish reimbursement agreements or benefit districts to provide reimbursement to the Oak Hills Ranch and either the Highlands Project or the Wallace Ranch for the cost of construction within the third ranch as provided in (a) and (b) above. Costs associated with the establishment of such districts shall be at the expense of the Oak Hills Ranch owner/developer. -8- 25. That 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 full-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. 20. That prior to approval of the first specific plan including any tentative 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 Wallace Ranch, thereby permitting the property owner/developer to extend Weir Canyon Road and Serrano Avenue through the ~allace Ranch, thereby providing access to the Oak }tills Ranch; and, further, proof of an arterial highway right-of-way across the Highlands property to provide for the extension of Serrano Avenue. 27. That 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 (ICU) 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/developerTs 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 Oak Hills Ranch 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. ~ritten 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 Oak Hills Ranch to the City Traffic Engineer for review and approval. 50. That prior to approval of the first specific plan including any tentative 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. -9- 31. That prior to issuance of building permits, or as otherwise deemed necessary by the Traffic Engineer, the precise location and phasing of any required signals shall be subject to review and approval by the City Traffic Engineer. Ali signals shall be interconnected with the City system. 52. 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 Oak Hills Ranch development. 34. That all private streets shall be developed in accordance with the City of Anaheim's Standard Detail No. 122 for private streets, including installation of street name signs. Plans for the private street lighting, as required by the standard detail, shall be submitted to the Building Division for approval and included with the building plans prior to the issuance of building permits. (Private streets are those which provide primary access and/or circulation within the project.) 35. That 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. 56. That the private street system design shall include provisions for accommodating the collection of refuse in accordance with City requirements. 57. That prior to final tract map approval, street names shall be submitted for review and approval to the Planning Department. 58. That prior to any occupancy, temporary street name signs shall be installed if permanent street name signs have not been installed. 39. 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. 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 Traffic Engineer prior to the approval of each tentative tract or parcel map. 41. That any on- or off-site roads shall be constructed in accordance with all applicable Circulation Element and Engineering standards. -10- 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 prior to approval of the first final tract or parcel map, the general alignment of the Oak Bills road system including residential and local street alignments, shall be submitted for review and approval by the City, and prior to approval of each final tract or parcel map, the engineering drawings for street improvements shall be submitted for review and approval by the City Engineer. 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 t~e City. 46. 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 ~ills and Wallace Ranches; any undeveloped parcels of land located within the study area from Imperial Highway to Weir Canyon Road and from the southerly City limits to Orangethorpe Avenue, and including all of the ~allace and Oak Hills Ranches; and, the City. The findings of the study, showing proportionate share of cost distribution, shall become binding upon the developments and shall be paid for at the time of issuance of building permits. Proportionate share will be determined based on impact on Santa ^ha Canyon Road: (a) Widen Santa Ana Canyon Road to its ultimate six-lane configuration between Imperial Highway and the Bauer Ranch improvements. (b) Restripe the eastbound off-ramp from the 91 Freeway at Weir Canyon Road to provide one right-turn lane and one optional left-turn and right-turn lane. STREET MAINTENANCE 47. That in conjunction with submittal of the first specific plan including any tentative tract or parcel map, the property owner/developer shall select a site for a street maintenance facility adjacent to the proposed park or school site, to be approved by the Director of Maintenance. Furthermore, prior to approval of the first specific plan including any tentative tract -11 - or parcel map, 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 birector 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 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 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 owner/developer. REIMBURSEMENTS 51. That prior to introduction of the first ordinance rezoning any portion of subject property or prior to approval of the first final tract or parcel map, whichever occurs first, tile property owner/developer shall provide to the City of Anaheim the Oak Hills Ranch 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 Oak hills Ranch. Said funds shall be used to reimburse Kaufman and Broad (the developer of the Bauer Ranch) for the Oak Hill's proportionate share of said facilities and utilities. Said costs shall be determined by reimbursement agreements administered by the City. FIRE 52. That in conjunction with submittal of the first specific plan including any tentative tract or parcel map, the property owner/developer shall submit plans delineating roadway access to the Oak Hills Ranch from Fire Station No. 9 via Serrano Avenue; and, Fire Station No. 10 via a new Weir Canyon/Serrano connection. Such plans shall be to the satisfaction of the City Fire Chief and City Traffic Engineer. -12 - 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 the Fire Marshal for review and approval. Prior to the placement of building materials on the building site, an all weather driving surface must be provided from the roadway system to and on the construction site. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.207(a) of the Uniform Fire Code as adopted by the City of Anaheim. 54. That the water supply system for the Oak Hills Ranch development shall be designed to provide sufficient fireflow pressure and storage in accordance with Fire Department requirements. 55. 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 Oak Hills Ranch may be obtained from the Fire Department. 56. That prior to any construction on any parcel on the Oak hills Ranch, access from Fire Station No. 9 via Serrano Avenue and Fire Station No. 10 via a new Weir Canyon/Serrano connection shall be provided in accordance with Fire Department policies and requirements for fire fighting equipment and emergency evacuation. 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. 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. 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 iow-fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish a minimum of one hundred (100) feet of separation between flammable vegetation and any structure. -13- 60. That ali 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 the first building permit, the property owner/developer shall provide its fair share of the cost of the construction of permanent Fire Station No. 9 as determined by the Director of Maintenance. PARKS 62. That prior to approval of the first specific plan including any tentative 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: Ca) identification of the physical boundaries of the park site, as agreed to by the Oak Bills Ranch 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. 65. That 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 Oak Hills Ranch to the City Parks, Recreation and Community Services Department for review and approval. Prior to the approval of each final tract or parcel map, the property owner/developer shall submit the final alignment of the equestrian and hiking trail 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 prior to approval of the first final tract or parcel map, 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 of 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. -14- 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-lieu 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 approval of the first final tract or parcel map. 68. That the dedicated park site shall be graded fiat, 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 Master 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 tentative 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 Oak Hills park and future Wallace Ranch park dedication can be provided consistent with Condition No. 68. This grading feasibility study must be provided with the first tentative tract submittal. 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 shown bisecting the park on previous proposals. -15- 72. That the park site shall front on a residential street for a minimum of 200 contiguous and linear feet. 73. 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 Number 135 for the Oak Hills Ranch 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. 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 2302 of Area D, whichever comes first. b. That Oak tlills shall begin construction of their parksite within thirty (50) days of the commencement of any construction required of the Wallace Ranch owner/developer in their parksite located contiguous to the Oak Hills property, regardless of the number of building permits issued for Oak Hills. c. That prior to the approval of the first final tract or parcel map, 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 ?7a and/or ?7b as indicated above. UTILITIES GENERAL 78. 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 Highlands property or ~allace Ranch, in order to serve the needs of the Oak Hills Ranch, as required by the City Engineer and the -16- 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 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 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 Oak Hills Ranch 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. POLICE 81. That prior to approval of the first final tract or parcel map, the property owner/developer shall enter into an agreement with the City of Anaheim Police Department to provide its proportionate share of costs to the City for provision of an off-site satellite police facility to serve the easterly portion of the City. Written proof of said agreement shall be furnished to the Planning 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 proof of a written agreement between the Oak Hills Ranch and the Orange Unified School District, agreeing on the actual location and size of the elementary school site as well as specific 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 Oak Hills Ranch proportionate share in providing off-site elementary and secondary school facilities to meet the needs of Oak Hills Ranch. SANITARY SEWERS 83. That prior to approval of each final tract or parcel map, the property owner/developer shall submit plans, including sizing requirements for the sanitary sewer systems within the tract parcel or boundaries, for review and approval by the City Engineer. The sewer system for the project shall Oe funded, constructed and -17- maintained in accordance with the requirements of the City of ^naheim Engineering Department. 84. That prior to approval of the first final tract or parcel map, the location, phasing, bonding and details of the sewer facilities shall be determined by street configurations, lot layouts, gravity flow and a subsequent sewer study 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 Oak Hills Ranch 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, 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. HYDROLOGY 86. That 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. This study shall also address these effects on the proposed park site. In addition, the study shall address the maintenance costs associated with the facilities. Said study shall be conducted by the City and funded by the developer. The phasing of construction and final design, including erosion control measures 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 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. -18- 88. ]hat prior to approval of the final grading plan for any area having interface with the future Heir 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 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. 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 Oak Hills Ranch 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 arid local storm drain system improvements; (c) any permits and any subsequent environmental assessment deemed necessary b7 the City of Anaheim. 92. That bonding for the Master Plan drginage facilities shall be provided in conjunction with the various phases that may be approved. Bonding for in-tract intprovements shall occur with tract approvals. 95. That the phasing of in-tract drainage improvements shall occur as final tract maps are approved for all development areas. 94. That local storm drains shall be constructed as part of the improvements for each tract. 95. That 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 ail open or natural channel storm drain facilities both on- and off-site necessitated by the Oak Hills Ranch development. 90. 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 15th and April 15th unless all 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 [5th. Necessary right-of-way for off-site drainage facilities -19- 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 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 prior to approval of each final parcel or tract map, the property owner/developer shall submit a final grading plan prepared by a civil engineer based on recommendations of a soils engineer and an engineering geologist subsequent to completion of detailed soils and geologic investigations for each subdivision map area. Site-specific geotechnical studies shall provide specific feasible recommendations for mitigation of landslides, slope stabilization, liquefaction potential, soils engineering, and appropriate drains and subdrains in each area. Grading plans shall be approved by the City Engineer and shall be subject to a grading permit: (a) Furthermore, that grading operations ~n 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; tb) 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 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. 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 -20- stability, soils engineering, and 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. 100. 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 the Oak Hills Ranch (and which roadways may be located in the ~allace Ranch or Highlands development), and furthermore shall, prior to approval of the first final tract or parcel map, provide for a maintenance mechanism for said slopes acceptable to the City Engineer. ELECTRICAL 101. 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 Utilitiesf facilities plans are designed and coordinated with site development. 102. That the property owner/developer shall have the financial responsibility for the installation of underground conduit, substructures, retaining walls and for street lighting installations on ali streets, public and private, at no cost to the City in accordance with the City of Anaheim Rates, Rules and Regulations. 105. That the property owner/developer shall provide and construct for the City ali 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 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. 10S. 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. -21- 106. That all facilities shall be located within public right-of-ways and easements dedicated with the recordation of final maps. The conduit system with associated concrete manholes and vaults shall be installed underground. Switches and/or capacitors shall be in metal cabinets mounted above-ground on concrete pads. 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 tile 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 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. 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. 110. That 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 Homeowners Association to (1) maintain the landscaped portion of -22- 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 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. 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. AESTHETIC/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 Oak hills Ranch development into the proposed Weir 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 25, except when preservation of the viewshed is involved. -23- 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 115. 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 maximizin~ 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. SOLID 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. -24- MISCELLANEOUS 121. That prior to introduction of the first ordinance rezoning any portion of subject property, the property owner/developer shall establish a mechanism, acceptable to the City of Anaheim, to provide on-going monitoring and transmittal to the City of Anaheim of information concerning fiscal impact of all developments within the Oak Hills Ranch. 122. That prior to introduction of the first ordinance rezoning any portion of subject property, 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 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 Oak Hills Ranch 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 the approval of each grading plan, the Parks, Recreation and Community Services Department shall have the opportunity to review an oak tree/riparian preservation and management program which incorporates development criteria necessary to maximize the protection and preservation of on-site woodland resources within ungraded areas containing oaks (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 tile lake's perimeter) to the Planning Department. 126. That 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 record a covenant in a form approved by the City Attorney wherein such owner(s) agree not to contest and to participate in the -25- formation of any assessment district(s) which may hereafter be formed for maintenance or public service/facility purposes, which district(s) could include the ownerts property. 128. Prior to the approval of the first final tract map or parcel map, a study shall be concluded by an independent third party acceptable to the City and the property owner/developer defining the most appropriate financial mechanism(s) (e. ., assessment district(s)) to assure the project generates ~evenues (assessment revenues) to meet the assigned costs of City services (operations and maintenance) on a year by year basis. Final decision for establishing such financial mechanism(s) will be that of the City Council. Such mechanism(s) shall be formed to generate assessment revenues sufficient to recover any variances between revenues to the City generated by project development and assigned City costs to service the project. 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 together with the Oak Hillst estimated proportionate share of additional off-site revenues generated by the project (e.g. regional shopping center revenues to City); and, when the assessment 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 for said studies associated with determining the most appropriate 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. 129. That prior to the recordation of the first final tract or parcel map, the property owner/developer shall irrevocably offer to dedicate, in fee, acreage as ultimately approved for that area to be annexed to the Heir 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 cohstruct and dedicate to the City of Anaheim ail cable facilities necessary to implement the City's cable television network system. 152. 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 -26- 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 Hap Act. 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 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 Habitat Replacement Program, approved by the State Department of Fish and Game and in accordance with the Draft EIR No. 281 and Response to Comments, for review and 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. The plan shall be reviewed by the Four Corners Pipeline Company and approved by the City. Costs associated with the relocation of the pipeline or other measures necessary to permit development, including any necessary easements and/or permits associated therewith, shall be the responsibility of the property owner/developer. 136. 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. 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 (22) days following the date of such decision or action. -27- BE IT FURTHER RESOLVED 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. 'l'hE FOREGOING ~ESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of June, 1987. MAYOR O~THE CIT~Y ATTEST: CITY 'CLERK OF THE CITY OF ANAHEIM JWF: fm 1952L ANAHEIM -28- 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. 87R-272 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of June, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Pickler and Bay NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-272 on the 30th day of June, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of June, 1987. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-272 duly passed and adopted by the Anaheim City Council on June 30, 1987. CITY CLERK OF THE CITY OF ANAHEIM