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PC 2005/07/27
1'1~ ~ ' (1111 i- w~~nes~a Dui a7 2005 EI Rancho Middle School 181 South Del Giorgio Road, gnaheim, - Chairman: Gail Eastman ® Chairman Pro-Tempore: Cecilia Flores Commissioners: Kelly Buffa, Joseph Karaki, Panky Romero, Pat Velasquez ° Call to Order ° Public Hearing 6:00 P,pry, c,. - - the secr ® Pledge Of Allegiance ° Public Hearing Items ° Adjournment California Ed Perez, You may leave a message for the Planning Commission usin e-mail address: tannin commission g the following anaheim.net H:Idocslclericallagendas1072705, doc Anaheim Planning Commission Agenda - 6:00 P.M. Public Hearina Item• 1 a. 1 b. 1 c. Owner: The Irvine Company, 550 Newport Center Drive, Newport Beach, CA 92658 Agent: Bryan Austin, 550 Newport Center Drive, Newport Beach, CA 92658 Location: Gypsum Canyon, south of the Riverside (SR-91) Freeway, in Orange County, California ~.~~+~.~ ~ ~rcirvt5 r~,arv rvo 137 -Request that the City Council certify Environmental Impact Report No. 331("EIR No. 331") including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Plan No. 137. EIR No. 331 has been prepared to serve as the environmental document for General Plan Amendment No. 2005-00436 and the Mountain Park Specific Plan. Implementation is intended to include, but not be limited to, the approval of development area plans, subdivision maps, grading permits, street improvement plans, final site plans, and other related actions. GENERAL PLAN AMENDMENT NO. 2005-00436 -Request to amend the City of Anaheim General Plan, Safety Element, Figure S-5 (Fire Protection Areas), to remove the Mountain Park Specific Plan development areas from the Very High Fire Hazard Severity Zone designation. ~~~. ~~ r6grv, ruvrcrvumtrvT NO 11 -Request to amend the Mountain Park Specific Plan to implement the adopted City of Anaheim General Plan by reducing the number of residential units from a maximum of 7,966 to a maximum of 2,500; amend the City of Anaheim Zoning Code (Chapter 18.112) to replace and supersede current Zoning and Development Standards.; and, provide for the following uses: a City fire station; a school site and adjacent public community park; public and private recreational facilities, including riding and hiking trails and a trail staging area; an interpretive center and store concession; and roadways and utilities necessary to serve the proposed development. Environmental Impact Report Resolution No. General Plan Amendment Resolution No. _ Specific Plan Amendment Resolution No. H:Idocslclerica)\agendas1072705.doc Project Planner: {twh ite@a na helm. netj (072705) o...._ ., Adjourn To Il~onday, August 8, 2005 at 1:00 P.Ni. for Preliminary Plan Review. H:\docs\clericallagendas\072705.doc (072705) Page 3 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (TIME) ATE T"` LOCATION; COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: V{^A - 1 If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an .amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. H:ldots\clerical\agendas\072705.doc (072705) Page 4 SCHEDULE 2005 August 8 August 22 September 7 (Wed) September 19 October 3 October 17 October 31 November 14 November 28 December 12 December 28 (Wed) H:\docs\clericallagendas\072705.doc (072705) Page 5 .-%! ~ r. •. ~O ~ ~m YORBALINDA OPT ... >.. P O~ ~L oZ0 1N ° OPQ 9 2 ~ ~ ~ ~ - RNERSIDE °9 Z ~-__'_ ~. FREE y, o AY i I SP 86-1 VAOANT j SYCAMORE I ~~ CANYON - I Z '~~ I ) )-~•~1 '' ( ~. ~'-_ OAK CANYON ~ {i ~,.-`\~' RIVE tn,\ ,'~ SP BB-2 K ' ~ SUMMIT OF o0' __. ~ ANAHEIM HILLS ~~,~ '. ~ ~, SP 90-4, r z' 'Amendment No. 1 m i ° EIR 331 I`-' GPA 200500436 ~ axe a ~ SPN 200500031 y~ ~-` MOUNTAIN " PARK i~ ~. J,. Environmental Impact Report No. 331 Subject Property General Plan Amendment No. 2005-00436 Date: July 27, 2005 Specific Plan Amendment No. 2005-00031 Scale: Graphic O.S. No. NIA Requested By: IRVINE COMMUNITY DEVELOPMENT COMPANY CEOA ENVIRONMENTAL IMPACT REPORT NO. 331 AND MITIGATION MONITORING PLAN NO. 137 -.REQUEST THAT THE CITY COUNCIL CERTIFY ENVIRONMENTAL IMPACT REPORT NO. 331('EIR NO. 331'1 INCLUDING ADOPTION OF A STATEMENT OF FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PLAN NO. 137. EIR NO. 331 HAS BEEN PREPARED TO SERVE AS THE ENVIRONMENTAL DOCUMENT FOR GENERAL PLAN AMENDMENT NO. 2005-00436 AND THE MOUNTAIN PARK SPECIFIC PLAN. IMPLEMENTATION IS INTENDED TO INCLUDE, BUT NOT BE LIMITED TO,THE APPROVAL OF DEVELOPMENT AREA PLANS, SUBDIVISION MAPS, GRADING PERMITS, STREET IMPROVEMENT PLANS, FINAL SITE PLANS, AND OTHER RELATED ACTIONS. GENERAL PLAN AMENDMENT NO. 2005-00436 -REQUEST TO AMEND THE CITY OF ANAHEIM GENERAL PLAN, SAFETY ELEMENT, FIGURE S-5 (FIRE PROTECTION AREAS), TO REMOVE THE MOUNTAIN PARK SPECIFIC PLAN DEVELOPMENT AREAS FROM THE VERY HIGH FIRE HAZARD SEVERITY ZONE DESIGNATION. SPECIFIC PLAN AMENDMENT NO. SPN2005-00037 (MOUNTAIN PARK SPECIFIC PLAN, AMENDMENT NO. 7) -REQUEST TO AMEND THE MOUNTAIN PARK SPECIFIC PLAN TO IMPLEMENT THE ADOPTED CITY OF ANAHEIM GENERAL PLAN BY REDUCING THE NUMBER OF RESIDENTIAL UNITS FROM A MAXIMUM OF 7,9fi6 TO A MAXIMUM OF 2,500; AMEND THE CITY OF ANAHEIM ZONING CODE (CHAPTER iB.772) TO REPLACE AND SUPERSEDE CURRENT ZONING AND DEVELOPMENT STANDARDS; AND, PROVIDE FOR THE FOLLOWING USES: A CITY FIRE STATION; A SCHOOL SITE AND ADJACENT PUBLIC COMMUNITY PARK; PUBLIC AND PRIVATE RECREATIONAL FACILITIES, INCLUDING RIDING AND HIKING TRAILS AND A TRAIL STAGING AREA; AN INTERPRETIVE CENTER AND STORE CONCESSION; AND ROADWAYS AND UTILITIES NECESSARY TO SERVE THE PROPOSED DEVELOPMENT. Gypsum Canyon, south of the Riverside (SR-91) Freeway 1945 i i i i 1 1 i `I '~ f f 1 1 7 f _l t F 1 v r f c F Phase Dev.Area iGross Acres Max. i SFD' Max SFA*' `:Total ` DU I 3 and 7 128 r 145 r0 s 145 II 4 163 420 0 420 III 5 291 ' 770 825 1,595 IV 2 87 13p D i 130 V 1 161 210 0 :210 830 :1,675 825 :2,500 ttac e t ®. Aeriai Perspective of Project Area Exteiisit 2 Mountain Park Specific Plan (SP90-4, Amendment No. 1) March Nat iv Sealy Legend ® Mountain Pak l__i pevrry Lavae Arvv '•- Roherovn's Ravdy~Mix Pvrcel Project SHe (Nvl v pvtl of the psvjetlJ ~J e.,.F.~m nh,nmlb 1 - ~ Tha Summit of Anvheim Hilla 8 F.i.n,,,, vi.,.ii,,. ali,,,,m..l 8»~ i `rte/'_ _ ..... ..... ,~g~ //" ~%. •) v~ / ~ i E5_' f y 3 ! t ~ /, ® H m ~ ~~~~ `wno.bw _-_ C ca,..e„ ra / 1d HLM ^fx'+ C NM ~ i ~ xx a. HM /~ F& F ~' HM 1J\\~ HLA7 a /ie hMt ~o ~ ti ~$ co. cm, o- _--' .z A i'"~- n I OS ' ~. ~/~ HM HM \` x i Ig HLPA A ~ +~ -~ . HM ~ u ~ ~> MS n HM a HM I NM ,e ~ x HM ~ ~ HM ~; ES j~ C ae v x; ~ OS e HlM LEGEiVD B O ~"^^ ~, o ~~ ~. OS ~$PKE o ~~.,~,9>F,„ ~ ~,i~,~ MS A40WE w^MOOt B c 6O EIFAffMARf Y~i00L e COMAeR/DV PNM ® NOGH90PIgpOMAK CMMAWIDLWCFVMO CWAMUMV Cwfm 1Ile.N1FYMFACeUM:E Specific Plan 40-4 ®evelopenent Plan Exhibit 5-2 Mountain Park Specific Plan Amendment EIR No. 331 mo«n>,i,aoos Source: Ciry of Maheim, 1991 Attachment lb Table 1 DEVELOPMENT PLAN STATISTICAL SUMMARY General Plaa Laad IIx Designation Hillside Loa-Medium Density/R:esidentid (Up to a DU/AC) Sub-Total Hillside Medium Density/Residential (Up to 16 DU/AC) Sub-total General Commercial Dev. Grm Brea AC SFD SFA 1 S6 90 0 2 6 26 0 S e 108 178 S68 4 198 649 26B 6 26 0 81 6 323 772 216 B94 1,708 913 7 38 0 311 B S7 0 960 9 28 0 284 11 69 0 621 11 14 0 224 19 73 134 4S4 14 SS 0 S76 36 S4 0 380 18 23 0 S60 n 2s o ssD 18 a 24 0 248 19 a 80 281 269 20 129 508 20B 685 921 4,424 22 29 24 S5 26 17 Sub-Toka1 High School Mtddle 3ehaol Elementary 9chtrols Sub-Total 28 R9 Neighborhood and Community Parlu Open Space Sub-Total CIty Maintenance Ynrd Arterial/Aaade Eastern Tmnsportatian Corridor GRAND TOTAL 22 49 27 46 S2 9 179 e• S2 er 20 Oe s0 82 •r 44 }~Y8 1,972 6 110 67 3,179 2,629 6,337 Elementary school and neighborhood park acreagm aremcduded. Total DU 90 26 BS6 801 81 968 2,821 S11 380 284 621 226 688 976 380 96D S60 24B 640 714 6,545 7,968 AAP D~ 2:8 6.0 6.9 4.0 3:2 3.1 B.8 9.7 10:9 10.6 16.0 T,8 10.7 16,8 16.7 14.4 10.9 6.8 6:6 .. School and park acreages ate intended to meet the established requirements of the ¢esponeible agencies. II-3 Specific Plan 90-4 (1991) Development Plan Statistical Summary Attachment lc Legend ~,~ Low-Medium Bill ~ ~; Low~ldedlum R~.I („-,~~~ Uprn Spam E.f hr-tilutional QS Schual QF Fire nation ~ rwrr~cammnni~~rar. ® Vriva~c Nei6hhmhood Park PrivTe Recreaziun Center UA i ~rvelapmem urea RMPd Implementation Zone i)evelopment Plan Exhibit 3 Mountain Park Specific Plan (SP90-4, Amendment No. 1) march ii,zoos Not To Scale Attachment ld ~I a O O O v} q ~ F C [+1 Y'1 Q1 N '. OU G'-~ (ay v •C U z O O O O 00 e~ r OOO ~n 3 C. N vl Q` O +~-~ u .`J `° ~Q C .V.i •E .E~. N U Q. ¢ L u FZ a ~a W z= W ~ 13r O L 0 d G:7 ~ Q C E Ct a 'O m o ~ a:: C ~ ~ ~ a .d ~ Q -- ~ w ~o ~co o~cn !~N+y M R W tC ~--~ N M O~ a a N.. 4:. ~-^ N n1 r b R b •N ~ ^ C U x.a3 ~ ~ ~ ~,o ~ y ~ oC]v a /~ O ~n vt ~ a v o ~--~ N O N N m m b O O v v ~ ^ ~ ~ N v ~ ~? ~ H ~ ~i ~ i V O F V vt .~'. ._ ou 3 b .~- O N y i ', b•~; O 3 ~: ..1 C Q \ 0 N ~ ~ m N V G U O •O C U n. m ~ O ~^ Q w 0 O v n v a b N O F a `~ G O ~ V U O ~ w ~ ~ 9 C m E 0 ~ ~ O y T ~ U ~ .~ 3 T x 00 x U a r O O a 0 O N N c c U r V ti v ` o U C a NI C C Q 0 O O o a N e F, W W C H o ~' C ~ V W N Q O. b N c •y t .. 3 ~ o ~ y ea ~ 9 0 ~ 'O U ° 3 ~ ~ ~ a ° ~ ~ y ~ V H c O ~ c~ .c ~ V 9 'G V ~ ~ O C y V ~ .~ ~ . . ~~ am " u ~ ~ W c ~ to C U "' ~ a ; O y S U a V Q ~ 3 ou ° g ~ m pos ~ o ~ ~ .cv„ ~ •° F3 i s c c =w c T V C pp N V 9 ~ ~ y a b n ~ ~ '^ °' ~ a 3 ~ ~ J y. O ii i n n 9 v T ~.~.' h V ~ o ? E~ y g _ V U ~ .~1 C s u u S y N G U ` " ~ . ~ O a O ~ d .~ O a c .°'.u N.Q . dw O L im V O V ] 9 0 C ~ c y o p N V d ° ~ E a. a o Q E 5 is. 2 ~ ',~ o u c m m c: Attachment le C _~.. C U E ca. 0 u v Q z_ C E Q. i o-~r 'd' 0 a ti U d a 0 0 N N v a ~~ tac e ®. [DRAFT] RESOLUTION NO. PC2005- '" "" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT CITY COUNCIL (A) CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT NQ 331, (B) ADOPT A STATEMENT OF FINDINGS OF FACT AND A STATEMENT'OF OVERRIDING CONSIDERATIONS AND (C) ADOPT MITIGATION MONITORING PROGRAM NO. 137.. WHEREAS, the Anaheim Plannirig Commission did receive verified Petitions for an amendment to the City of Anaheim General Plan and an amendment to the Mountain Park Specific Plan No. 90-4 (including an amendment to the Zoning and Development Standards set forth in Chapter 18.112 of the Anaheim Municipal Code); for certain real property situated in the City of Anaheim, County of Orange,' State of California, more particularly described as set forth in Attachment 1 to this Resolution and incorporated herein as if set forth in full; and WHEREAS, said project is subject td compliance with the provisions bf the California Environmental Quality Act of 1970, as amended, ("CEQA") and the State of California Guidelines for the implementation of the California Environmental Quality Act (the "State CEQA Guidelines") since said project requires approval of the following proposed discretionary actions by the City of Anaheim: (i) General Plan Amendment No. 2005-00436 and (ii) Amendment No: 1 to the Mountain Park Specific Plan No. 90-4 (including amendments to the Zoning and Development Standards set forth in Chapter 18.112 of the Anaheim Municipal Code), which actions shall hereafterbe dollectively referred to herein as the "Proposed Actiohs"; and WHEREAS, the Planning Commission did hold a public hearing at EI Rancho Middle School, in the City of Anaheim on July 27, 2005, at 6:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and agaosf said Proposed Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the City of Anaheim is thelead agency for the preparation and consideration of environmental documents for said Proposed Actions, as defined in CEQA ahd the State CEQA Guidelines; and WHEREAS, the City of Anaheim has prepared, or caused to be prepared, Draft EIR ("DEIR") No. 331 to serve as the environmental documentation for the Proposed Actions and the related actions to implement Amendment No. 1 to the Mountain Park Specific Plain, and has consulted with other public agencies, and the general public and given them an opportunity to comment on said DEIR as required by the provisions of CEQA and the State Guidelines, as more fully described in the Staff Report to the Planning Commission dated Juty 27, 2005, which is incorporated herein by this reference; and WHEREAS, the City of Anaheim has evaluated the comments received from public agencies and persons who reviewed DEIR No. 331 and has prepared responses to the comments received during the public review period; and WHEREAS, said comments and recommendations received on said DEIR; a list of persons, organizations and public agencies commenting on the DEIR; and the responses of the City of Anaheim to significant environmental points raised in the review and consultation process have beeh included in DEIR No. 331 in a Response to Comments document dated July 19, 2005; and WHEREAS, DEIR No. 331, the Response to Comments document dated July 19, 2005, Mitigation Monitoring Program No. 137 and all documents submitted as part of the public record on .DEIR No. 331 form the Final EIR for said project as required by Section 15132 of the State CEQA Guidelines ("FEIR No. 331"); and WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact and a Statement of Overriding Considerations relating to FEIR No. 331 in conformance with the requirements of CEQA and the State Guidelines; and WHEREAS, the City of Anaheim desires and intends to use FEIR No. 331 as the environmental documentation required by CEQA and the State CEQA Guidelines for each of the above referenced- = Proposed Actions and the anticipated related implementing actions to the extent authorized by law; and, WHEREAS, said FEIR and Statement of Findings of Fact and Statement of Overriding Considerations has been presented to and independently considered by the Planning Commission of the City of Anaheim for review and consideration prior to the final approval of, and commitmerit to, said project; and WHEREAS, said FEIR and Statement of Findings of Fact and Statement of Overriding Considerations and the Proposed Acticns will be scheduled for a duly noticed public hearing before the Anaheim City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim that the Planning Commission, based upon its review of the Proposed Actions, FEIR No. 331, and the Statement of Findings of Fact and Statement of Overriding Considerations, and having considered evidence presented at the public hearing on the Proposed Actions, does hereby recommend that the City Council, as lead agency for the Proposed Actions, independently review and analyze FEIR No. 331 and find that it reflects the independentjudgment of the City Oouncil, and unless additional or contrary information is received during. the City Council's public hearing on the Proposed Actions, certify FEIR No. 331 and adopt the attached Statement of Findings of Fact and Statement of Overriding Considerations, acopy of which is attached hereto marked Exhibit 1 to this Resolution, and incorporated herein by this reference as if set forth in full hereih; and, further, determine the following: that the Proposed Actions are within the scope of FEIR No. 331; that FEIR No. 331 has been completed in compliance with CEQA and the State and City CEQA Guidelines; and, that FEIR No. 331 is adequate to serve as the required environmental documentation for the Proposed Actions. BE IT FURTHER RESOLVED that pursuant to Secticn 21081.6 of the Public Resources Code, the Planning Commission hereby recommends that the City Council adopt that certain monitoring program described as "Mitigation Monitoring Program No. 137", and incorporating certain recommended clarifications as identified in an Errata to said Mitigation Monitoring Program as attached and hereto marked Exhibit 3, to mitigate or avoid significant effects on the environment to ensure compliance during project implementation, a copy of which Program is attached hereto marked Exhibit 2 to this Resolution, and incorporated herein by this reference as if set forth in full herein. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,. "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City. Council Resolution in the event of an .appeal.. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION Exhibit 1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING MOUNTAIN PARK SPECIFIC PLAN AMENDMENT PROGRAM ENVIRONMENTAL IMPACT REPORT STATE CLEARINGHOUSE NO.2004071098 2005 Mt. Park Specific Plan Amendment Findings of Fact/Slatemenl of Overriding Considerations TABLE OF CONTENTS Section I. INTRODUCTION .......................................................................................... A. Findings of Fact and Statement of Overriding Considerations . B. Record of Proceedings ............................................................... C. Custodian and Location of Records ........................................... Page ..............:.......... ..1 1 ......................... .. 3 ......................... .. ......................... ..4 II. PROJECT SUMMARY ........................................................... ...................................................4 A. Project Location .................................................... ...................................................4 B. Project Description ............................................... ...................................................5 C. Discretionary Aetions ........................................... ...................................................7 D. Use of Program EIR ............................................. ...................................................8 E. Statement of Objectives ........................................ ...................................................9 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION ................ IV. GENERAL FINDINGS ...........................................................................................................11 V. SUMMARY OF IMPACTS .....................................................................................................12 VI. FINDINGS REGARDING IMPACTS ................................................... A. Land Use .and Planning .......................................................... B. Landform and Aesthetics ....................................................... C. Geology and Soils .................................................................. D. Hydrology ........................................................................ E. Water Quality .................................................................. F. Biological Resources ....................................................... G. Traffic and Circulation .................................................... H. Air Quality ....................................................................... I. Noise ............................................................................. J. Hazards and Hazardous Materials ................................... K. Population and Housing ................................................... L. Public Services and Utilities ............................................ M. Recreation ........................................................................ N. Cultural Resources ........................................................... VII. FINDINGS REGARDING ALTERNATIVES ..................................... A. Alternatives Considered but Eliminated for Detail Review .. B. Alternatives Carried Forward for Detailed Analysis ............. 12 ......78 ......79 ......80 VIII. ENVIRONMENTAL ISSUES DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROJECT ......................................................................................90 Mountain Park Specific Plan Amendment Findings of FacUStatement of Overdding Considerations Page i IX. FINDINGS REGARDING GROWTH INDUCING IMPACTS ....................................::..::.:91 X. FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES ........................................................................................................................91 XI. STATEMENT OF OVERRIDING CONSIDERATIONS ......................................................92 XII. CONCLUSION ...................................................................:.......:.,::...:.............:....................95 Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page ii THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIRES THAT A NUMBER OF FINDINGS BE MADE IN CONNECTION WITH CERTIFICATION OF -- AN ENVIRONMENTAL IMPACT REPORT. THE FOLLOWING PRELIMINARY STATEMENT OF FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE MOUNTAIN PARK SPECIFIC PLAN AMENDMENT PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 331 IS SUBMITTED TO THE PLANNING COMMISSION/CITY COUNCIL FOR CONSIDERATION. THE DOCUMENT WILL BE REVISED AS APPROPRIATE TO REFLECT EVIDENCE PRESENTED DURING THE PUBLIC HEARING PROCESS, PROJECT REFINEMENTS, AND THE FINAL ACTIONS TAKEN BY THE CITY COUNCIL. L INTRODUCTION A. Findings of Fact and Statement of Overriding Considerations This document presents findings that must be made by the City of Anaheim (the Lead Agency) prior to determining whether to certify Environmental Impact Report No. 331 and approve the proposed Mountain Park Specific Plan Amendment Project. The California Environmental Quality Act (CEQA) (Pub. Res.. Code §§ 21000, et seq.) and the State CEQA Guidelines (Guidelines) (14 Cal. Code Regs §§ 15000, et seq) promulgated thereunder, require that the environmental impacts of a project be examined before aproject is approved. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant' environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes of 'alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly teained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. Mountain Park Specific Plan Amendment Findings of FacVStatemenl of Overriding Considerations Page 1 (c) The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with:..;:......... identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation, measures and project alternatives (d) When making the findings required in .subsection (a)(1), the. agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of,the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section..: The "changes or alterations" referred to in Section 15091(a)(1) above, that aze required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the .action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impacf over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments Regazding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh. the unavoidable MOUntaln Pane specific Plan Amendment Findings of FacVSlatement of Ovemding Considerations Page 2 adverse environmental effects, the adverse environmental effects may be considered "acceptable." - ._ (b) When the lead agency approves a project which will result in the., occurrence of significant effects which aze identified in the final EIR but aze not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of ovemding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This .statement does not substitute for; and shall be in addition to, findings required pursuant to Section 15091. It should be noted that the Draft EIR identified significant environmental impacts that could not be mitigated below a level of significance. Therefore, a Statement of Overriding Considerations is required for the decision-makers to approve the project. The Statement of Overriding Considerations is provided herein as Section XI. Having received, reviewed and considered the Final Mountain Park Specific Plan Amendment Program Environmental Impact Report No. 331, State Clearinghouse No. 2004071098 (EIR), as well as all other information in the record of proceedings on this matter, the following Findings of Fact and Statement of Overriding Considerations (Findings) aze hereby adopted by the City of Anaheim (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the Mountain Park Specific Plan Amendment proposed project. B. Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: • The Notice of Prepazation (NOP) .and all other public notices issued by the City in conjunction with the proposed project; • The EIR for the proposed project; • The Draft EIR; • All written and electronic (e-mail) comments submitted by .agencies or members of the public during the public review comment period on the Draft EIR; • All responses to comments submitted by agencies or members of the public during the public review comment period on the Draft EIR; Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 3 ® All written and verbal public testimony presented during noticed public hearings for the proposed project at which such testimony was taken; ® The Mitigation Monitoring Program No. 137 (MMP); ® The reports and technical memoranda included or referenced in Responses to Comments in the EIR; ® All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR, and the EIR; ® Matters of common knowledge to the City, including but not limited to federal; state and local laws and regulations; ® Any documents expressly cited in these Findings; and • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). C. Custodian and Location of Records The documents and other materials which constitute the administrative record for the City's actions related to the project aze located at the City of Anaheim, 200 South Anaheim Boulevard, Anaheim, California 92803. The City Clerk is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the City Planning Aepartment. This information is provided in compliance with Public Resources Code § 21081.6(a)(2) and Guidelines § 15091(e). II. PROJECT SUMMARY A. Project Locatiou The proposed Mountain Park Specific Plan Amendment project site encompasses approximately 3,001 acres and is generally located in Gypsum Canyon, immediately south of the Riverside Freeway (SR-91) in Orange County, California. The majority of the project site lies within the jurisdiction of the City of Anaheim. Open space located in the southern and eastern portions of the project site is located in unincorporated County of Orange jurisdiction within the City of Anaheim's sphere-of-influence. The Mountain Pazk study area is bounded on the west by the Summit of Anaheim Hills Specific Plan Community and the Sycamore Canyon Specific Plan Community in the City of Anaheim. A church facility and equestrian stables aze located immediately west of the project site along Santa Ana Canyon Road. The Coal Canyon Biological Corridor located in the City of Anaheim and Chino Hills State Pazk in unincorporated Orange County (City of Anaheim's sphere-of-influence) aze located east of the project site. An approximately 15-acre privately owned pazcel is located adjacent to the eastern boundary of the project site. Unincorporated land in the County of Orange (within the City of Orange sphere-of- Mountain Park Specific Plan Amendment Findings of Ract/Statement of Overriding Considerations Page 4 influence is located south of the project site. Unincorporated land in the Featherly Regional Park. and residential communities in the City of Yorba Linda are located north of the project site. Thee;,.. __ Eastern Transportation Corridor (SR-241) bisects the project site into eastern and western segments. In addition, certain off-site project features encompass approximately 22.8 acres and aze included in the study area for the proposed project. B. Project Description The proposed project to which these Findings apply consists of an amendment to the existing Mountain Park Specific Plan {SP 90-4) to conform with the recently adopted General Plan designations for the proposed project,site, Additionally, the proposed Mountain Pazk Specific Plan Amendment conforms with current open space dedication boundaries including the adopted County of Orange Central & Coastal Subregion Natural Community Conservation Plan & Habitat Conservation Plan (NCCP/HCP), and the 913 acres within the project site that The Irvine Company pledged to The Nature Conservancy (TNC Anaheim Conservation Easement (ACE) open space areas).. Also included in the project is a General Plan Amendment to remove the development azeas of the project from the Very Fire Hazazd Severity Zone, consistent with Section 16.40.030 of the Anaheim Municipal Code. Specific Plan Amendment: In May 2004, the City of Anaheim approved a General Plan Update (GPA No. 2004-00419) which, among other actions, amended the land uses in the Mountain Pazk: Specific Plan azea to include the following: (i) decreased intensity of development in the Mountain Pazk. Specific Plan azea from 7,966 residential units to 2,500 residential units; (ii) eliminated proposed commercial and mineral extraction uses, four school sites and a City maintenance yard; and (iii) reduced the number of Pazk sites. Along with the General Plan Update, the City also approved an update to Title 18 (Zoning) of the Anaheim Municipal Code and terminated a development agreement between the City and The Irvine Company relating to the Mountain Pazk Specific Plan. The actions related to the Mountain Pazk Specific Plan azea were coordinated with The Irvine Company. The Mountain Park Specific Plan Amendment establishes the framework for the development of the project site.. The City of Anaheim. approved the Mountain Park Specific Plan (SP 90-4) in 1991.. As noted above, the proposed project involves an amendment to SP 90-4 to establish allowable land uses for the project site consistent with the City's cun•ent General Plan, as updated, and would also replace the current standazds with new Zoning and Development Standazds that 'correspond with the proposed Mountain Pazk land uses. Specific land use' regulations and development standazds contained in the Mountain Park Specific Plan Amendment would guide development of the residential land uses. The Mountain Pazk Specific Plan Amendment proposed areas to be developed (residential, institutional and public highways) encompass approximately 826 gross acres in the northern portion of the project site. The Mountain Pazk Specific Plan Amendment proposes the development of a maximum of 2,500 dwelling units (in Development Areas 1, 2, 3, 4, 5, and 7), public facilities, infrastructure and open space. A fire station, trails, staging area, interpretive center and/or store concession are proposed for the approximately 8-acre Development Area 6 located in the northern portion of the project site. A school site and adjacent public community park are proposed in Development Area 3. Open space azeas encompass approximately 2,163 Mountain Park Specific Plan Amendment - Findings of FacVSlatemenl of Overriding Considerations Page 5 acres and consist of NCCP/HCP Reserve (940 acres), TNC ACE (913 acres) and other open space areas (310 acres). These open space areas, generally located in the southern portion of-the project site, serve as a transition to the surrounding open space in the area and aze subject to development restrictions. The seven residential and institutional development azeas that are part of the proposed project include the following uses: Development Area 1: Development Area 1 encompasses approximately 161 acres and is the southernmost development azea in the eastern portion of the project site. Proposed development consists of a maximum of 210 single-family detached dwelling units on lots ranging from 5,000 to 7,000 square: feet: Access to Development Area 1 would be provided from the extension of Gypsum Canyon Road. A water reservoir is proposed south of this development area. Development Area 2: Development Area 2 encompasses approximately 87 acres and is located between Development Areas 1 and 5 in the eastern portion of the project site. Proposed development consists of a maximum of 130 single-family detached dwelling units on lots ranging from 4,000 to 5,000 square feet. Access to Development Area 2 would be provided from the extension of Gypsum Canyon Road. Development Area 3: Development Area 3 encompasses approximately 88 acres and is located west of SR-241, north of the proposed extension of Weir Canyon Road.: Proposed development consists of a maximum of 50 single-family detached dwelling units on lots ranging from 3,375 to 4,000 squaze feet. A 15-acre public community pazk and minimum 10-acre school. site aze proposed within Development Area 3. Access to Development Area 3 would be provided from public street access on Mountain Pazk Drive, a proposed new roadway within the project site. Access to the school site would be provided from Mountain Pazk Drive, and access to the community pazk would be provided from Mountain Pazk Drive and Weir Canyon Road. Development Area 4: Development Area 4 encompasses approximately 163 acres and is located in the northern portion of the project site, adjacent to SR-241. Proposed development consists of a maximum of 420 single-family detached dwelling units on lots ranging from 1,600 to 3,375 squaze feet. Access to Development Area 4 would be provided from Mountain Pazk Drive. Development Area 5: Development Area 5 encompasses approximately 291 acres and is located in the northeast portion of the project site. Proposed development consists of a maximum of 770 single-family detached dwelling units and 825 single-family attached units on lots ranging from 1,600 to 3,375 squaze feet. Access to Development Area 5 would be provided from Mountain Pazk Drive and Gypsum Canyon Road. A private recreation center is proposed southwest of the intersection of Gypsum Canyon Road and Mountain Pazk Drive, adjacent to Gypsum Creek. A water reservoir is also proposed in the eastern portion of Development Area 5. Development Area 6: Development Area 6 encompasses approximately 5 acres and is located at the northern boundary of the project site, between Development Areas 4 and 5. Proposed Mountain Park Specific Plan Amendment Findings of FacUSlatemenl of Overriding Considerations Page 6 development consists of a fire station, trails, staging area, interpretive center and store concession. - - - Development Area 7: Development Area 7 encompasses approximately 36 acres and is_located southwest of the proposed Weir Canyon Road extension, west of SR-241. Proposed development consists of a maximum of 95 single-family detached dwelling units on lots ranging from 3,375 to 4,000 square feet. Access to Development Area 7 would be provided from the proposed extension of Weir Canyon Road. A water reservoir is proposed southeast of Development Area 7. The proposed project would directly impact 872.7 .acres within the project site (on-site project impacts). Off-site project features would impact a total of 22.8 .acres. Proposed off-site project features include, but are not limited to, construction of the SR-241/Weir Canyon Road Interchange, construction of a Mountain Park Drive bridge overcrossing, Gypsum Canyon Road/SR-91 Interchange improvements, remedial fill slopes along SR-91, Featherly Park Drainage improvements, SR-91/Gypsum Canyon Road box culvert improvements, and vazious road improvements on Weir Canyon Road, Gypsum Canyon Road, Santa Ana Canyon Road and Oak Canyon Road. The project would also require off-site connections to various utilities. Much of the impact areas for these connections would occur within existing street right-of way or otherwise disturbed areas. In addition, the proposed project includes a system of existing and proposed recreational trails and bikeways. C. Discretionary Aetions Project implementation, based on applications currently pending before the City, includes the following discretionary actions by the City: (1) Certification of the Mountain Park Specific Plan Amendment Program Environmental Impact Report (EIR) No. 331. (2) Approval of Amendment No. 1 to the Mountain Pazk Specific Plan No. 90-4 (Specific Plan Amendment No. SPN2005-00031) (3) Approval of General Plan Amendment No. 2005-00436 to amend the City of Anaheim General Plan, Safety Element, Figure S-5 (Fire Protection Areas), to remove the Mountain Park Specific Plan development area from the Very High Fire Hazazd Severity Zone designation. In addition, subsequent approvals by the City for the proposed project may include the following discretionary and ministerial actions: (1) Amendment to Water Rates, Rules and Regulations, Rule No. 15. (2) General Plan Amendment to amend the City of Anaheim General Plan Circulation Element to delete the Jamboree Road Extension. (3) Subdivision Maps including, but not limited to, Tentative Tract Maps. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 7 (4) Final Site Plans. (5) Grading Permits. (6) Building Permits. (7) Public Facilities Financing and Bond Issuance. (8) Conditional Use Permits. (9) Specimen Tree Removal permits. (10) Acquisition of rights of entry easements and right-of--way (offsite project features).. (11) Construction of PublicFacilities: (12) Approvals by federal and state agencies, including the U.S. Army Corps of Engineers, United States Fish & Wildlife Service, State of California Department of Transportation, State of California Department of Fish & Game, and State Water Resources Control Board: (13) Approvals by regional and special districts, including the South Coast Air Quality Management District, Orange County Sanitation Districts, Orange County Flood Control District, Orange Unified School District, County of Orange Hazbors, Beaches and Parks Department, and Foothill/Eastem Transportation Corridor Agencies. (14) Approvals by the City of Yorba Linda for sanitary sewer infrastructure and roadway improvements. D. Use of Program EIR The Final EIR for the proposed project is a Program EIR, prepared pursuant to Section 15168 of the Guidelines. A Program EIR examines the total scope of environmental effects that would occuYas a result of buildout of the entire proposed project. By examining the full scope of the proposed project and subsequent applications and approvals at this early stage of planning, the Program EIR will provide a full disclosure of the environmental impacts that may occur throughout the .project site, together with an analysis of the site specific and cumulative environmental impacts that will occur throughout the buildout time frame of the project. The Final Program EIR for this project is intended to provide the environmental cleazance for the specific applications currently pending before the City as discussed above, and for subsequent applications, also listed. previously, that aze submitted to obtain City and responsible agency approvals for site-specific development projects within the Mountain Pazk Specific Plan Amendment project azea. If determined necessary, an initial study will be prepazed by the agency required to take the discretionary action for each future development application Mountain Park Specific Plan Amendment Findings of Fact/Stalement of Overriding Considerations Page 8 within the Mountain Pazk Specific Plan Amendment project azea to ascertain whether a Subsequent EIR, Supplemental EIR, or other environmental documentation is necessary .to_,.. comply with the CEQA, as provided by Sections 15162 through 15164, and Section 15168, of the Guidelines. If a Subsequent or Supplemental EIR is required, those. documents can incorporate relevant information from the Final Program EIR by reference, and limit their focus to the particulaz chazacteristics and effects of the individual project then under consideration. If, on the other hand, the City oz responsible agency finds, pursuant to Section 15162 of the State Guidelines, that no new effects could occur and no new mitigation measures. would be required for the subsequent action, it may approve the subsequent action without preparing additional environmental documentation. T'he City or other responsible agency will, however, in its future discretionary. actions, continue to apply the Existing Regulations and Standazd Conditions, Project Design Features, and Mitigation Measures identified in the Final Program EIR for the proposed project and adopted by the City herein. E. Statement of Objectives As described in Section 3.5 of the EIR, the following project-specific objectives have been formulated for the proposed project: 1. Implement the goals and policies of the City of Anaheim General Plan. 2. Further regional transportation and air quality goals by creating housing near concentrated employment centers and major transportation corridors. 3. Provide a broad mix of housing opportunities. 4. ' Develop a land use plan that responds to' the site characteristics including topography, biological resources, and visually significant ridgelines: 5. Provide regional open space/habitat preservation areas. 6. Maintain consistency with the Implementation Agreement for the Central Coastal NCCP/HCP. 7. Provide new homes for sale to address Orange County's housing shortage. 8. Implement components of the Orange County Master Plan of Arterial Highways (MPAH) within and in the vicinity of the project site. IIL ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City prepared an Initial Study (IS) for the proposed project and based on that IS, the City determined that the proposed project may have a significant effect on the environment and that an EIR' should be prepared to analyze the potential environmental impacts associated with approval and implementation of the proposed project. Mountain Park Specific Plan Amendment Findings of FacVStalement of Overriding Considerations Page 9 On July 19, 2004, in accordance with Section 15082 of the Guidelines, the City distributed a Notice of Prepazation (NOP) of an Environmental Impact Report to the State Cleazinghouse, local and regional responsible agencies, and other interested parties. A number of agencies and other interested parties responded to the NOP. A copy of the IS; NOP, and the. responses received during the 30-day public review period, are contained in Appendix A to the EIR.. The City held two. advertised public scoping meetings on August 11 and September 8, 2004 to' provide (i) information regazding the proposed project and (ii) an opportunity for public input regazding project issues that should be addressed in the Draft EIR. Comments received during the public involvement process and the IS/NOF scoping period were considered in the preparation of the Draft EIR. The Draft EIR fore. the proposed project was then prepared and circulated for review and comment by the public, agencies and organizations fora 45-day public review period that began on Apri14, 2005 and concluded on May 19, 2005. The City prepared a Notice of Availability (NOA) of the Draft EIR to describe the proposed project, identify where the Draft EIR was available for review, and state the period for submittal of comments on the contents of the Draft EIR. The NOA indicated that copies of the Draft EIR were made available for public review at the following locations: the City's website (www.anaheim.net/citvdenartments/planning), the City of Anaheim Planning Department (200 S. Anaheim Boulevazd, Anaheim, CA); Anaheim Public Library (500 W. Broadway; Anaheim, CA), Canyon Hills Library (400 Scout Trail, Anaheim, CA) and Sunkist Library (901 S. Sunkist, Anaheim, CA)'. The City published a copy of the NOA in the Orange County Register and the Los Angeles Times on Apri14, 2005. In addition; a Notice of Completion of the Draft EIR was sent to the State Clearinghouse and the Draft EIR was circulated to State agencies for review through the State Cleazinghouse, Office of Planning and Research (SCH No. 2004071098). The City also distributed copies of the NOA and Draft EIR to potential responsible agencies. and affected public agencies. The City also mailed the NOA to property owners within 300 feet of the project site and other interested parties and posted the NOA at the Office of the Clerk of Orange County. During the public review period, numerous comment letters on the Draft EIR were received. The City prepared a Final EIR, including Response to Comments on the Draft EIR. The Final EIR/Response to Comments contains the following: a summary of the public participation process; written comments on the Draft EIR; and responses to those comments. The Final EIIZ/Response to Comments was released on July 19, 2005 prior to the Planning Commission considering the project. The Response to Comments document was provided for review at the following locations: the city's website (www.anaheim.net/citydepartments/plannine), the City of Anaheim Planning Department (200 S. Anaheim Boulevazd, Anaheim, CA), Anaheim Public Library (500 W. Broadway, Anaheim, CA), Canyon Hills Library (400 Scout Trail, Anaheim, CA) and Sunkist Library (901 S. Sunkist, Anaheim, CA). A copy of the Response to Comments document was provided to all persons/agencies who commented on the Draft EIR and provided. a mailing address. For those commenters who provided an email address, but not a mailing address, an emailnotice was provided which indicated that the Response to Comments document was available for review on the city's website indicated above. Public hearings were held on the proposed project including: Mountain Park Specific Plan Amendment Findings of Fact/Slatement of Overriding Considerations Page 10 IV. GENERAL FINDINGS The City hereby finds as follows: ® The City is the "Lead Agency" for the proposed project evaluated in the EIR; o The EIR was prepared in compliance with CEQA and the Guidelines; ® The City has independently reviewed .and analyzed the EIl2, and these documents reflect the independent judgment of the City; ® Mitigation Monitoring Program (MNIP) No. 137 has been prepared for the proposed project, which the City has adopted or made a condition of approval of the proposed project. That MMP is incorporated herein by reference and is considered part of the record of proceedings for the proposed project; ® The MMP designates responsibility and anticipated timing for the implementation of mitigation. The City will serve as the MMP Coordinator; ® In determining whether the proposed project has a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; ® The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the EIR; ® The City reviewed the comments received on the Draft EIR and tlae responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts. to the EIR. The City has based. its actions on full appraisal of all viewpoints, including all comments received up to the date. of adoption of these Findings, concerning the envirormiental impacts identified and analyzed in the EIR; ® The responses to the comments on the Draft EIR, which aze contained in the Final EIR, clarify and amplify the analysis in the EIR; ® Having reviewed the information contained in the EIR and the record of proceedings, as well as the requirements of CEQA and the Guidelines regazding recirculation of Draft EIRs, and having analyzed the changes in the EIR which have occurred since the close of its public review period, the City finds that there is no new significant information in the EIR and fmds that recirculation is not required; • The City has made no decisions that constitute an irretrievable commitment of resources towazd the proposed project prior to certification of the EIR, nor has the City previously committed to a definite course of action with respect to the proposed project; Mountain Park Specific Plan Amendment Findings of FacVStatement of Overdding Considerations :Page 11 ® Copies of all the documents incorporated by reference in the EIR are and have been available upon request at all times at the offices of the City, custodian of record for such documents or other materials; and ® Having received, reviewed, and considered all information and documents in the, record, the City hereby conditions the proposed project and finds as stated in these Findings. V. SUMMARY OF IMPACTS The EIR concludes that impacts of the proposed project with respect to the following issues either will not be significant or will be mitigated to below a level of significance by existing regulations/standazd conditions, project design features and/or mitigation measures that will be made conditions of project approval: land use and planning, geology and soils, hydrology, water quality, biological resources, noise, hazazds and hazazdous materials, population and housing, public services and utilities, recreation, and cultural resources. Impacts related to landform and aesthetics and air quality remain significant despite the adoption of all feasible mitigation measures, Impacts regazding traffic and circulation can be mitigated to below a level of significance if all identified mitigation measures aze adopted: However; certain mitigation measures aze outside of the City's control, and as such, impacts regarding traffic and circulation aze considered potentially significant and unavoidable. VI. FINDINGS REGARDING IMPACTS For each environmental resource, the City analyzed all relevant .aspects of the resource. For example, regazding Land Use and Planning, the City analyzed land use and planning; consistency with applicable plans, policies, and regulations; cumulative impacts; off-site project feature impacts; and Caltrans-related project feature impacts: This section of the Findings identifies the environmental resource that was analyzed in the top-level headings, and identifies some of the more detailed components of the envirorunental resources that were analyzed in the "Environmental Impact" subheadings, which refer to potential impacts from the project that were analyzed in depth in the EIR. For resources with significant impacts after mitigation (landform, aesthetics, air quality, and traffic and circulation (if mitigation measures outside of the City's control aze not adopted)), not every aspect of the resourcewill be significantly impacted and this section analyzes aspects of resources that will be significantly impacted separately from the aspects that will not have a significant impact after mitigation. For example, under Landform and Aesthetics, impacts to landform and topography and the view from SR-91 and SR-241, which will be significantly impacted, are analyzed. separately from the other Landform and Aesthetics related impacts, which will not be significantly impacted. The evidence used to make these findings is drawn from the Draft EIR, the Final EIR/Response to Comments on the Draft EIR, and other evidence presented to the City, including such other information in the administrative record, as detailed in Section LB herein. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 12 A. Land Use and Planning Environmental Impact: Land Use and Plannine: Consistency With Applicable Plans, Policies and Regulations; Cumulative Impacts; Off-Site Project Feature Impacts; Caltrans- Related Project Feature Impacts. As discussed in Section 4.1 of the EIR, no .significant impacts regarding land use and planning were identified in the EIR. Finding: The proposed project will have no significant adverse effects regarding land use and planning, and no mitigation is required, Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding: The EIR discusses potential impacts regarding land use and planning in Section 4.1, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts regazding land use and planning would be less than significant without mitigation. Mitigation Measures: No mitigation is required. Reference: EIR § 4.1. B. Landform and Aesthetics 1. EnvironmentalImpact: Visual Chazacter; Scenic Resources; Light. and Glaze;!Conflict with Land Use Policies: Cumulative Impacts; Off-Site Proiect Feature Impacts: Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.2 of the EIR, the proposed project will have less than significant aesthetic impacts regarding changes to visual character, light and glare, conflict with land use policies, `off--site project features, Caltrans-related project features, and cumulative impacts with the implementation of the recommended project design features and existing regulations/standazd conditions. No additional mitigation is required. Finding: No additional mitigation is required. Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding: The EIR discusses potential impacts regazding aesthetic impacts in Section 4.2, which is incorporated by reference herein. The EIR determined that all duect and cumulative aesthetic impacts of the proposed project regazding changes to visual chazacter, light and glaze, conflict with land use policies, off-site project features, Caltrans-related project features, and cumulative impacts would be reduced to below a level of significance with the implementation of the recommended project design features and existing regulation/standazd conditions. Mitigation Measures: The following Project Design Features (PDF) and Standard Conditions (SC) shall be conditions of project approval: Mountain Park Specific Plan Amendment Findings of FactlStatement of Overriding Considerations Page 13 SC 2-1 Prior to approval of grading plans, the property owner/developer shall provide grading plans to the Department of Public Works demonstrating that graded areas will be compatible with natural landform-characteristics in conformance with the Anaheim Municipal Code, Title 17-Land Development .and Resources, the City of Anaheim Grading Design Manual and Hillside Grading Procedures, the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies; and the most recent 'version of the Anaheim Building Code (ABC). SC 2-2 Prior to approval bf precise grading plans, the property owner/developer shall prepare a detailed slope landscape plan, which shall be approved by the Department of Public Works. The plan shall be certified by a licensed landscape architect, and be prepared in compliance with Section 17.06 of the City of Anaheim Municipal Code and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies to blend landscape features with the existing environment. In addition, the landscape plan shall conform to the preliminary landscape plan approved in conjunction with the development area plans. SC 2-3 Tree replacement shall be conducted consistent with Section 18.18.040. Prior to approval of grading plans, the property owner/developer shall provide a Specimen Tree Removal Plan to the Planning Department demonstrating that the proposed project has been designed in accordance with the provisions of Chapter 18.18.040 and required tree replacement. SC 2-4 Prior to approval of street improvement plans for a development azea; the property owner/developer shall submit a detailed lighting plan for review and approval by the Public Utilities Department. The plan shall be reviewed for compliance with adopted City standazds. SC 2-5 Prior to the issuance of an Encroachment Permit by Caltrans, the property owner/developer shall submit grading plans to Caltrans demonstrating that graded aeeas are in conformance with Caltrans standard specifications. __ SC 2-6 Prior to the issuance of an Encroachment Permit by Caltrans, the property owner/developer shall submit landscape plans for areas within Caltrans right-of--way to Caltrans for review and approval, demonstrating that the proposed' plant palette is in conformance with Caltrans requirements, including Executive Order 13112, Invasive Species. Proof of this approval shall be submitted to the City of Anaheim Departrnent of Public Works. PDF 2-1 The Mountain Pazk Specific Plan provides for replacement of oak, sycamore, willow and other native trees removed as a result of the project at a ratio of 20:1. In conjunction with the submittal of each tentative .tract or pazcel map, the property owner/developer shall submit a Detailed Landscape Plan to the Planning Department demonstrating that trees removed from the site will be replaced at a total ratio of 20:1. The 20i 1 ratio is achieved using a combination of the Scenic Corridor Overlay tree list (Anaheim Zoning Code Chapter 18.18, Table 18-B), and the Mountain Pazk Specific Plan Tree List. Mountain Park Specific Plan Amendment Findings of FacNStatement of Overriding Considerations Page 14 PDF 2-2 Prior to approval of the Pazk Master Plan for the sports pazk within Development Area 3, the property owner/developer shall submit lighting plans for review and :. _. approval by the Community Services Department that incorporate the following design specifications: • Sports field luminaries shall have mounting hazdwaze approved by the City, which cannot be .inadvertently or intentionally adjusted to cause spillover impacts. Instead, luminazies shall be professionally and permanently installed to direct light only onto the sports fields/courts and away from residential azeas and other development_ • Luminaries lamps shall provide good color rendering and natural light qualities.. • Luminaries shall be restricted to no more than 500 lux (1 lumen per squaze meter) or 50 foot-candles per fixture. • Luminaries shall be placed at the appropriate, engineered height to reduce potential for glaze and. incidental spillover into adjacent properties and open space. Luminaries mountings, poles, and fixtures shall have matted finishes. Reference: EIR § 4.2: 2. Environmental Impact:Landform and Topoeraphy; View from SR-91 and SR-241. As discussed in Section 4.2 of the EIR, which is incorporated by reference herein, proposed development within Development Areas 1, 2, 3, 4 and 7 would result in alterations to existing scenic resources,' including landforin/topography and rock outcroppings, and would be considered` a significant and unavoidable 'impact. Impacts to scenic resources within Development Areas 3, 4 and 7 would be visible from SR-91 and SR-241 and would be considered' a significant and unavoidable impact. Finding: Existing regulations/standazd conditions have been incorporated into the project which will lessen the significant environmental effects of the project related to scenic resources, including landform/topography and rock outcroppings. These existing: regulations/standazd conditions, however, will not reduce this impact to below a level of significance and the project is expected to have a direct significant adverse impact on existing scenic resources, including landform/topography and rock outcroppings as seen from a scenic highway: The City finds that there aze no other feasible'mitigation measures that would mitigate the impact to btaow a level of significance, and that specific economic, social, technological'or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section VII of these Findings. (Public Resources Code Section 21081(a)(3); Guideline Section 15091(a)(3)). As described in the Statement of Overriding Considerations in Section XI of these Findings, the City has determined that this impact is acceptable because of specific overriding considerations: Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 15 Facts in Support of Finding: a: The grading required for the proposed project would permanently alter the landform and topography over the northern portion of the project site that is visible from SR-241: The proposed project would require approximately 26 million cubic yazds of eazthwork and an additiona120 million cubic yards of remedial grading to ensure slope stability. Contour grading and terracing are proposed to minimize landform disturbance and to allow development pads to blend in with the natural topography as much as possible. However, the grading proposed to accommodate development within Development Areas 1, 2, 3, 4 and 7 would substantially alter the existing and primary natural landform and topography in these azeas, resulting in a significant and unavoidable impact to scenic resources. The grading proposed for Development Areas 3 and 7 includes the removal of an existing rock outcropping that is visible from both northbound and southbound SR-241. This rock outcropping would be' graded and revegetated as part of the proposed project, and would substantially .alter the natural landform and topography, resulting in a significant unavoidable impact. b. The grading proposed for Development Area 5 would not substantially alter the existing landform or topography because the majority of Development Area 5 is highly disturbed and landforms have been altered due to extensive mining activities in this azea. Grading will also be required within Development Area 6 to accommodate a proposed fire station, trail station area and interpretive center/store concession. However, due to previous roadway improvements activities in this azea; the landform and topography within Development Area 6 is already highly disturbed and/or graded. Because the majority of the landform and topography is not natural and the proposed grades are similar to existing grades, development within Development Area 6 would not substantially alter the natural landform or topography in this azea. a Approximately 72 percent of the site, located primarily in the southern portion of the project site, would remain open space. As a result, the ridgelines in this area and the more substantial ridgelines sun•ounding the project site would not be impacted with implementation of the proposed project. This will limit the impacts regarding landform and topography, but not reduce them to below a level of significance. d. Standazd Condition 2-1 will be made a part of the project. Standard Condition 2-1 requires the property owner. or developer to provide grading plans to the. Department of Public Works demonstrating that graded azeas will be compatible with natural landform characteristics in conformance with the Anaheim Municipal Code, .Title 17-Land Development and Resources, the City of Anaheim Grading Design Manual and Hillside Grading Procedures, the Mountain Pazk Specific Plan Grading Concept and Hillside Grading and Landscape Policies, and the most recent version of the Anaheim Building Code. However, this standazd condition will not reduce impacts regazding landform and topography to below a level of significance. e. The City has determined that there are no feasible mitigation measures that would reduce impacts regarding scenic resources, including landform/ topography and rock outcroppings, as seen from a scenic highway, to below a level of significance, because the only Mountain Park Specific Plan Amendment findings of Fact/Statement of Overriding Considerations Page 16 mitigation measure that would fully mitigate this impact would be not to grade the site, thereby eliminating the ability to build the project. _ Mitigation Measures: The following Standazd Condition (SC)is incorporated herein and shall be a condition of project approval; SC 2-1 Prior to approval of grading plans, the property owner/developer shall provide grading plans to the Department of Public Works demonstrating that graded azeas will be compatible with natural landform chazacteristics in conformance with the Anaheim Municipal Code, Title. 17-Land Development and Resources, the City of Anaheim Grading Design Manual and Hillside Grading Procedures, the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies, and the most recent version of the Anaheim Building Code (ABC). Reference: EIR § 4.2. C. Geology and Soils Environmental Impact Seismic Groundshakine; Liquefaction; Landslide; Soil Stability; Slope Stability; Unsuitable Soils; Expansive Soils; Cumulative Imnacts; Off-Site Proiect Feature Impacts; Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.3 of the EIR, any adverse impacts from the project regarding geology and soils will be mitigated to below a level of significance through the implementation of the existing regulations/standard conditions, project design features, and mitigation measures contained in the EIR. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding geology and soils to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: The EIR discusses potential impacts regarding geology and soils in Section 4.3, which is incorporated by reference herein. The EIR determined that .all direct and cumulative impacts to the proposed project regarding geology and soils would be less than significant with the implementation of the existing regulations/standazd conditions, project design features, and mitigation measures required by the EIR. Mitigation Measures: The following Project Design Feature (PDF), Standard Conditions (SC), and Mitigation Measures (MM) are incorporated herein and shall be conditions of project approval: SC 3-1 Prior to issuance of each building permit, the property owner/developer shall demonstrate that each structure has been designed in accordance with the most recent seismic standazds in the ABC (Anaheim Building Code) and approved by the Chief Building Official. The ABC contains provisions that regulate the design and construction of excavations, foundations, retaining walls and other building elements to control the effects of seismic ground shaking and adverse soil conditions. Mountain Park Specific Plan Amendment Findings of FacdStatement of Overriding Considerations Page 17 SC 3-2 Prior to issuance of building permits, the property owner/developer shall submit building pad certifications to the Department of Public Works, as required in Code Section 17.06, documenting that grading has been completed in conformance with the Anaheim Municipal Code, Title 17-Land Development and Resources, the City of Anaheim Grading Design Manual and Grading Plan Procedures, and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies. SC 3-3 In compliance with the Anaheim Municipal Code, prior to approval of each mass grading plan, the property owner/developer shall submit a preliminary geotechnical report prepared by an engineering geologist and geotechnical engineer to the Department of Public Works for review and approval. This report shall be prepazed to the satisfaction of the City Engineer and shall address soil and geology related constraints and hazards identified in EIR No. 331 such as slope stability, settlement, liquefaction, and related secondary .seismic hazazds. For grading within Caltrans right-of--way, a preliminary geotechnical report in compliance with Caltrans regulations shall be submitted and approved by Caltrans. Specifically, the report shall: • Include an assessment of potential soil related constraints such as stability of proposed cut, fill `and `natural slopes. Conduct further subsurface exploration to refine geologic structure. for cut slope stability. If the report finds stabilization necessary, grading plans shall require corrective measures to address the need for stabilization; • Include an assessment of on-situ landslides and' appropriate corrective measures, such as further subsurface exploration of landslide areas beneath planned fills and development areas.'Con•ective measures would include complete removal, if feasible or stabilization or buttressing of the landslide. This would involve partial removal of the landslide and stabilizing potential future movement with earthen fill or reinforced materials; • Include subsurface exploration of _alluvial and canyon drainage azeas beneath planned fills or development areas; • Evaluate excavation chazacteristics of on-site earth materials; • Include subsurface exploration to refine geologic structure for cut slope stability;. • Establish specific remedial grading requirements, including but not limited to establishing pazameters for stabilization buttressing of slopes, removal of unstable soil materials; • Provide grading, foundation, and structural design recommendations based on fmdings of future geotechnical investigations; • Address settlement, liquefaction, and structural design tecommendations. Grading plans shall incorporate removal, where feasible, of all potentially Mountain Padc Specific Plan Amendment Findings of Factlstatemenl of Overriding Considerations Page 18 liquefiable alluvium: The grading plans shall also incorporate placement of engineered fill in the canyons and installation of a subdrain system; -. - -- Address the potential for expansive soils. Representative soil samples of near-surface soil material shall. be collected and tested for expansion potential after the completion of rough grading on-site. Expansive soils that.. aze detrimental to the project shall be subject to special building/foundation design, deepened foundations, post-tension foundations, soil removal, selective grading to blend highly expansive soils with soils of low expansivity, moisture conditioning, or other corrective measures as recommended by a licensed soils/geotechnical engineer and approved by the City Engineer prior to approval of each grading plan; • Include an evaluation of potentially corrosive soils and recommend .appropriate corrective measures. If corrosive soils aze found, corrective measures shall be incorporated into the grading plans; • Address collapsible/compressible material.. This material shall be subject to removal or other corrective measures in all aeeas planned for structural fill. Topsoil, colluvium, alluvium, .highly weathered bedrock, and landslide materials with settlement potential shall be subject to corrective measures ...such as removal and recompaction, surchazging, settlement monitoring, and/or other measures deemed appropriate by the geotechnical engineer of record and approved by the City Engineer prior to approval of each grading plan; • Include appropriate. laboratory testing to define soil engineering pazameters; • Include additional refraction lines to better ascertain rock hazdness and rippability for specific planned cut areas; • Include a review of seismic and faulting conditions on-site. Seismic design pazameters identified for the project shall be incorporated into project design as applicable. Caltrans seismic design criteria for the proposed overcrossings shall be .incorporated into. overcrossing design and implementation; and, • Corrective work within Caltrans right-of--way shall be done in accordance with Caltrans standazd specifications. SC 5-1 Prior to approval of each mass or rough grading plan, the property owner/developer shall submit a project water quality management plan (WQMP) to the Department of Public Works for review and approval. The WQMP shall demonstrate compliance with the implementation plans under the MS4 Permit, namely the Drainage Area Management Plan/Local Implementation Plan (DAMP/LIP). Mountain Park Specific Plan Amendment - Findings of FactlSlatemen[ of Overriding Considerations Page 19 SC 5-2 Prior to the approval of grading plans, the property owner/developer shall provide written evidence to the Department of Public Works that it-has filed a Notice of Intent with the Regional Water Quality Control Board in order to obtain coverage under the Construction General Permit (CGP) (NPDES No: CAS000002, Resolution No. 2001-046, or the latest approved CGP): Pursuant to the permit requirements, the property owner/developer shall develop a Stormwater Pollution Prevention Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction related pollutants in the site runoff. SC S-3 Prior to approval of a grading plan, the Department of Public Works shall verify that the General Waste Dischazge Requirements issued by the Santa Ana Regional Water Quality Control Board (RWQCB) Order No. R8-2003-0061, and NPDES No. CAG998001 (or latest approved equivalent) aze in effect and shall govern dischazges from construction dewatering and water line/sprinkler line testing should they occur during construction. The property owner/developer shall comply with these regulations including provisions requiring notification, testing and reporting of dewatering and testing-related dischazges, which shall mitigate any impacts of such dischazges. PDF 5-1 In furtherance of the Orange County Drainage Area Management Plan/City of Anaheim Local Implementation Plan (DAMP/LIP) requirements, the Mountain Park Specific. Plan includes the following project design features that shall be incorporated into the final project Water Quality Management Plan (WQMP). These design features meet or exceed the requirements of the DAMP/L1P. Prior to approval of each masse or rough grading plan, the property owner/developer shall submit the Final WQMP to the Department of Public Works incorporating the following measures: a. Site Design BMPs: The following site design BMPs aze practices designed to minimize runoff and the introduction of pollutants in storm water runoff. Minimize Impervious Area and Impervious Areas Directly Connected to Storm Drams • Minimize impervious azeas by incorporating landscaped areas over substantial portions of the project azea consistent with the Development Plan and Concept Landscape Plans. Single family residential landscape azeas shall be determined by zoning development standazds, including setbacks, lot coverage, street parkway standazds, and design objectives; • Minimize directly connected impervious azea by draining pazking lots to landscaped areas or bioretention facilities to promote filtration and infiltration of storm water, if landscaping slopes aze less than 2 percent and the project is not adjacent to steep slopes; • Utilize vegetated areas, e.g., setbacks, swales, end islands, and median strips, for biofiltration and bioretention of nuisance and storm runoff flows from pazking lots and other impervious azeas; and Mountain Park Specific Plan Amendment Findings of.FacVStatemenl of Overriding Considerations Page 20 • Design sidewalks to drain into landscaping and swales prior to discharging to the storm water conveyance system. , _, Selection of Construction Materials and Design Practices • Select building material for roof :gutters and downspouts that do not include copper or zinc; and • Construct streets, sidewalks, and parking lot aisles to the minimum widths specified in the Anaheim Municipal Code or adopted Specific Plan and in compliance with the Development Plan and regulations for the Americans with Disabilities Act and safety requirements for fire and emergency vehicle access. Incorporate landscaped buffer areas between sidewalks and streets in compliance with the Development Plan and Anaheim Municipal Code. Conserve Natural Areas. ; • Preserve existing ripazian azeas along Gypsum Canyon Creek .and protect with buffer zones per the Development Plan; • Preserve 2,163 acres of open space within the project boundary outside of the development area, including NCCP open space areas, open space devoted to conservation easements, and other open space; • Concentrate or cluster development on the least enviromnentally sensitive. portions of the project site (e.g., the quarry site) while leaving the remaining land. in a natural, undisturbed condition; • Use natural drainage systems to the maximum extent practicable or create drainages (e,g., vegetated swales) that mimic natural conveyances and allow for storm water infiltration as well as pollutant removal; and • Maximize canopy: interception and water conservation by preserving existing native trees and shrubs in natural open space areas outside of the development area, incorporating new trees into project design pursuant to landscape and reforestation plan, and including native or drought resistant plants in development plant palettes. Protect Slopes and Channels • Protect slopes: minimize erosion potential with vegetative cover, route flows safely away from steep and/or sensitive slopes, stabilize disturbed slopes; and • Protect channels: control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems, stabilize channel crossings, ensure that increases in runoff velocity and frequency Mountain Park Specific Plan Amendment Findings of FacUStatemenl of Overriding Considerations Page 21 caused by the project do not erode the channel, install energy dissipaters, such as riprap, at the outlets of storm drains or conveyances. b. Source Control BMPs: The following source control BMPs shall be ', implemented in order to minimize the amount of pollutants in dry weather (nuisance) flows and in storm water runoff from the project. Non-Structural Source Conh~ol BMPs Nl Education for property owners, tenants and occupants - practical information materials shall be provided to the first residents/occupants/ tenants on general housekeeping practices that contribute to the protection of storm water quality. The Homeowner's Association (HOA) shall have an ongoing educational material distribution program. At a minimum, these materials shall cover the following topics: 1. The use of chemicals (including household type) that should be limited to the property, and avoidance of discharge of specified wastes via hosing or other means to gutters, catch basins, and storm drains. 2. The proper importance of appropriate irrigation techniques and proper handling/application of material such as fertilizers, herbicides, pesticides, cleaning solutions, paint products, automotive products, and swimming pool chemicals, and swimming pool drainage: 3. The environmental and legal impacts of illegal dumping of harmful substances into storm drains and sewers.' 4. Alternative household products that are safer to the environment 5. Household hazardous waste collection programs. 6. Used oil-recycling programs. 7. Proper procedures for spill prevention .and clean up. 8. Proper storage of materials that pose pollution risks to local waters. 9. Carpooling programs and public transportation alternatives to driving. N2 Activity restrictions (Conditions, Covenants, and Restrictions) - Conditions, Covenants, and Restrictions (CC&Rs) shall be prepazed as necessary and shall address surface water quality protection, or, alternatively, use restrictions shall be developed through lease terms. N3 Common area landscape management -ongoing maintenance shall be consistent with City of Anaheim Landscape Water Efficiency (Chapter 10.19 of the Anaheim Municipal Code), plus fertilizer and/or pesticide usage shall be consistent with County Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations page 22 Management Guidelines for Use of Fertilizers (DAMP Section 5.5). See also, efficient irrigation systems under structural controls. N4 BMP maintenance - Homeowners Associations (I-IOAs) shall be responsible for the inspection and maintenance of structural BMPs {including treatment controls) located within the HOA boundaries. These BMPs are outlined below. Nl l Common area litter control - HOA shall conduct litter patrol; provide for covered trash receptacles, trashcans with lids, and emptying of trash receptacles in common azeas; note trash disposal violations by tenants/homeowners' or businesses and report the violations to the owner/HOA for investigation shall be conducted: N14 Common azea drainage facility inspection -Privately-owned drainage facilities shall be inspected each yeaz and, if necessary, cleaned and maintained prior to the storm season, no later than October lst each yeaz. Drainage facilities include catch basins and inlets, catch basin inserts, water quality basins, detention basins, other treatment facilities, and open drainage channels.. N15 .Street sweeping private streets. and pazking lots -Streets shall be swept prior to the storm. season in late summer/eazly fall, no later than October 1st of each year. Pazking lots at the private community center shall be swept weekly at a minimum, weather permitting. Structural Source Control BMPs • Provide Storm Drain Stenciling and. Signage all storm drain inlets and catch basins, constructed or modified, within the project azea shall be stenciled or labeled.. Signs, which prohibit illegal dumping, shall be posted at public access points along channels and creeks within the project azea. Legibility of stencils and signs shall be maintained. • Trash Area Design -trash azeas shall be paved, designed not to allow run- on, screened or walled to prevent off-site transport of trash; and covered to minimize direct precipitation. Common azea litter control shall include a litter patrol, covered trash receptacles, emptying of trash receptacles in a timely fashion, and noting trash violations by tenants/homeowners and reporting the. violations to the owner/HOA for investigation. Connection of trash.. azea drains to the municipal storm drain system shall be prohibited. Efficient Irrigation the timing and application methods of irrigation water in common areas shall minimize the runoff of excess irrigation water into the storm water conveyance system. • Protect Slopes and Channels storm water BMPs shall be included to decrease the potential for erosion of slopes and/or channels, and may include appropriate conveyance structures, landscaping, etc. Mountain Padc Specific Plan Amendment - Findings of FacNStatement of Overriding Considerations Page 23 • Hillside Landscaping Hillside areas that are disturbed by project development shall be landscaped with deep-rooted, drought tolerant,plant species selected for erosion control. • Fire Station Catch basin inserts with hydrocazbon absorption mats shall. be provided for the fire station and vehicle maintenance shall be performed indoors and shall therefore not enter into the storm drain system: because indoor drains flow to the sanitary sewer system. c. Treatment Control BMPs: The following treatment control BMPs aze a part of the conceptual water quality treatment. program included in the Mountain Pazk Specific Plan (refer to Exhibit 3-10). Prior to the issuance of grading permits, the property owner/developer shall include the following features in the final WQMP submitted to the Departrnent of Public Works for review and approval. • Storm water runoff from the disturbance area shall be routed to nine water quality basins. Collectively, the water quality basins shall treat runoff from approximately 488 acres within the disturbance area. The water quality basins shall incorporate dry extended detention to provide water quality treatment for storm flows. Dry extended detention basins are designed with outlets that detain the runoff volume from the water quality design storm (e.g., the 85th percentile 24-hour event) for some minimum time (36 hours) to allow particles and associated pollutants to settle out. • The water quality basins shall incorporate wetland vegetation along the low flow channel in the bottom of the basin for the treatment of dry weathef flows and small storm 'events: These basins shall not contain ponded or standing water for petiods in excess of 48 hours. • The park and school site shall have a water quality basin or BMP with equivalent treatment effectiveness with the sizing of the treatment based on the DAMP/LIP requirements. - • Per the MS4 permit, the water quality basins within the proposed project shall be designed to contain a "water quality pool" sized to meet the maximized storm water capture volume for the' area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998). The water quality pool is designed to drain in 36 hours. • Approximately 4.1 acres of roadway that does not drain to the basins shall be treated with filter strips (a type of biofilter) designed per the MS4 permit and DAMP/LIP requirements treating a flow rate two times the 85th percentile hourly rainfall as determined by historical rainfall. The water tank located in Development Area 7 shall also be treated using a filter strip or a bioswale, designed per DAMP/LIP requirements. Mountain Park Specifc Plan Amendment Findings of FacUStalement of Overriding Considerations page pq Offsite roadway improvements shall be treated by BMPs providing treatment equivalent to that provided by biofiltration (bioswales or filter = -- strips) sized pursuant to the criteria in the MS4 permit. MM 3-l Prior to the .approval of each rough grading plan, the property owner/developer shall submit a site specific geotechnical report prepared by a civil engineer based on recommendations of the preliminary geotechnical reports required under SC 3-3 to the Department of Public Works for review and approval. Site-specific geotechnical studies shall provide specific feasible recommendations for soils engineering, appropriate drains and subdrains in each Development Area, and address the potential for artesian conditions in Development Areas 1 and 2. As part of addressing the potential affects of groundwater on slope stability during future site specific investigations, the property owner/developer shall obtain and provide data from piezometers installed through the alluvium of Gypsum Canyon into the underlying bedrock, near proposed toe of slopes. The piezometers should be monitored for a period of one yeaz to evaluate the potential aztesian conditions with consideration for seasonal fluctuations in groundwater elevations. MM 3-2 Prior to the .approval of each grading plan, a note shall be added to the grading plan requiring that during grading operations, all grading and earthwork shall be performed under the observation of a registered geotechnical engineer in order to achieve proper sub-grade preparation; selection of satisfactory materials, and placement and compaction of al] structural fill. An engineering geologist shall map cut slopes during grading to identify `any laterally continuous, adversely oriented, broken or fractured zones that may reduce slope stability. The note shall be prepazed to the satisfaction of the Department of Public Works. MM 3-3 Prior to the commencemenUof any blasting activities, the property owner/ developer shall submit a blasting plan prepazed by a qualified blasting specialist to the Fire Department and Department of Public Works for review and approval. A blasting permit shall be obtained from the Fire Department. A copy of the approved blasting plan shall be submitted to the Planning Department. The property owner/developer shall be responsible for all costs associated with the prepazation of the blasting plan to the satisfaction of the Fire Department. The blasting plan shall be prepazed in accordance with the United States Department of Interior, Office of Surface Mining (USOSM) standards and shall include, but not be limited to the following: a. Pre-blast survey b. Site and location of planned blasting and hours of operation (blasting to be conducted during the daylight hours only) o. Notification of blasting activities to all property owners within one-half mile of the blasting azea, which may. include (depending on location of blasting) private residents, Caltrans, the County of Orange, the City of Yorba Linda and .any other persons/agencies determined appropriate by the Fire Department. This notification shall describe expected period and frequency that the blasting shall occur and give a contact phone number For any questions or complaints. All complaints shall be responded to in a method deemed satisfactory to the City of Anaheim Planning Director. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 25 d. Types and amounts of explosives e. Warning system information £ Methods of transportation and handling of explosives g. Minimum acceptable weather conditions h. Procedures for handling, setting, wiring and firing explosives i. Procedures for cleazing and controlling access to blast danger j. Procedures for handling misfires and other unusual occurrences k. Emergency action plan 1. Material safety data sheet for all explosives or other hazazdous materials expected to be used. m. Compliance with local, state and federal laws n. Measures to assess, control, and monitor noise and ground vibration from blasting, including:. The project contractor shall use current state-of-the-art technology to keep blast-related vibration and air blast at off-site residential and other occupied structures as low as possible, consistent with blasting safety. In no instance shall blast vibration or air blast, measured on the ground adjacent to a residential or other occupied structure, be allowed to exceed the frequency dependent limits contained in the USOSM regulations. • The project contractor shall use a blasting .seismograph to monitor and record air blast and vibration for blasts within 1,000 feet of residences and other occupied structures to verify that measured levels are within the. recommended limits (as determined under the USOSM regulations) at those locations. If blasting is found to exceed specified levels, blasting shall cease, and alternative blasting or excavation methods that result in the specified levels not being exceeded shall be employed. • Air blast and vibration monitoring shall take place at the neazest off-site residential or other occupied structure. If vibration levels are expected to be lower than those required to trigger the seismograph at that location, or if permission cannot. be obtained to record at that location, recording shall be accomplished at some closer site in line with the structure. Specific locations and distances where air blast and vibration aze measured shall be documented in detail along with measured air blast and vibration amplitudes. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 26 Reference: EIR § 4.3; Updated Preliminary Geotechnical Report (Appendix B); SR-241/Weir Canyon Road Interchange and Mountain Park Drive Bridge Overcrossing Technical Reports (Appendix Q). D. Hydrology Environmental Impact: Runoff; Surface Drainage; Scour; Floodint?c Erosion and Sedimentation; Groundwater Supplies; Groundwater Hydrology: Cumulative Impacts; Off- Site Project Feature Impacts: Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.4 of the EIR, no significant impacts regazding hydrology were identified. Implementation of the project design features described in the EIR will further reduce potential impacts regazding hydrology. Finding: No additional mitigation is required. Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding: The EIR discusses potential impacts regarding hydrology in Section 4.4, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regazding hydrology would be less than significant with the implementation of project design features described in the EIR. No further mitigation is required. Mitigation Measures: The following Project Design Features (PDF) are incorporated herein by and shall be conditions of project approval: PDF 4-1 The Mountain Park Specific Plan includes a Proposed Drainage System Plan (refer to Exhibit 3-9 of the Draft EIR included in Attachment A). Prior to approval of the first mass grading plan, the property owner/developer shall submit a Drainage and Runoff Management Plan (RMI') to the Department of Public Works for review and approval. The RMP shall demonstrate substantial conformance with the Proposed Drainage System included in the Mountain Park Specific Plan. The Drainage and Runoff Management Plan shall include the approximate timing for construction of the following drainage facilities: a. Gypsum Canyon Road/SR 91 Box Culvert Modification: A 1,500 lineaz foot culvert modification will be constructed at the downstream end of Gypsum Canyon to address existing deficiencies and accommodate proposed peak flows from the project site. The proposed storm drain improvement plan will extend the Gypsum Canyon Road/SR 91 box culvert in1eY structure approximately 1,500 feet upstream following the existing alignment of the Gypsum Canyon Creek. At this location, the proposed Gypsum Canyon Road will be designed to serve as an impoundment to retain storm water runoff up to approximately 17 feet, which produces sufficient hydraulic head to convey 5,500 cfs through the culvert into Featherly Park. The elevation difference between the flow line of the culvert inlet and the top of the road is expected to be approximately 20 feet, .allowing for a freeboard of three feet. The extension of the culvert upstream, with the described design modifications to the inlet control, will prevent flooding onto Gypsum Canyon Road during large storm events. The proposed modification of the culvert will improve the flood control design capacity of the culvert from a 10 year storm event to a 100-yeaz storm event. A confirmation of the structural integrity and design Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 27 calculations of the existing culvert structure shall be completed prior to final design of the new box culvert extension. b. West Drainage Area Stonn Drain Improvement: Minor ,storm drain improvements to an existing undersized 36 inch reinforced concrete pipe (RCP) that collects off- site runoff from the undisturbed slopes draining into The Summit will be upsized.to the capacity of a 54 inch RCP for proper conveyance of the project flows into the existing 66 inch RCP, c. SR 91/Gypsum Canyon Road Storm Drain Improvement: A minor storm drain improvement will be implemented for the 4-acre sub-area that used to drain into the existing culvert inlet but will not adequately drain after the culvert extension. The improvement will consist of a riser tower and a RCP (size to be determined) to collect the flows and connect directly into the triple box culvert at the approximate location of the existing culvert inlet. d. Featherly Regional Park Channel Improvements: The improvements to the box culvert outlet for energy dissipation of flood flows will include a concrete apron followed by riprap to reduce velocities down to the 10 to 12 feet per second (fps) range. Riprap will also be added to the embankments beyond the concrete apron. To provide .additional stabilization of the channel downstream, flow velocities will be decreased to the range of 10 to 12 fps where turf-reinforced mesh blankets will be used, and vegetation re-established along the channel bottom and embankments. Turf-reinforced blankets (or equivalent alternatives) will continue along the embankment up to a maximum of 340 feet beyond the riprap leading up to the existing road crossing. Prior to approval of a grading permit, the property owner/developer .shall provide evidence to the Department of Public Works that the design and construction of these improvements have been approved by the County of Orange Harbors, Beaches and Pazks Department. e. Outlet Points to Natural Channels: Energy dissipaton/velocity reduction devices will be employed to ensure flows are released at non-erosive velocities. Such devices may include: riprap, geotextiles, granule filters, fills, grade control structures and/or check dams, or equivalent measures. £ Vegetated floodwall for Community Center: As part of final design, a vegetated floodwall would be incorporated into the portion of the slope downstream of the community center as necessary to satisfy flood control requirements. PDF 4-2 The Mountain Pazk Specific Plan includes a Proposed Drainage System Plan (refer to Exhibit 3-9 of the Draft EIR included in Attachment A), which includes drainage improvements within Caltrans right-of--way. Prior to issuance of an Encroachment Permit, the property owner/developer shall submit a Drainage Plan to Caltrans for review and approval. The Drainage Plan shall demonstrate substantial conformance with. the Proposed Drainage System included in the Mountain Fazk Specific. Flan. The Drainage Flan shall include the approximate timing for construction of the following drainage facilities: • SR 241 Drainage hnptovements: The improvements along the SR 241 include the abandonment of the existing 72-inch corrugated steel pipe (CSP) in lieu of a 54-inch RCP, the modification of the 42-inch CSP outlet Mountain Park Specific Plan Amendment Findings of Fact/Statemenl of Overriding Considerations Page 28 structure, the modification of several smaller drainage systems draining into the proposed 54 inch RCP and 42-inch CSP and the implementation::.-... of five Caltrans swales within the Caltrans right-of--way. Reference: EIIZ § 4.4; Runoff Management Plan (Vols. I, II and III), and Groundwater Report (Appendix C): E. Water Quality Environmental Impact: Water Ouality; Pollutant Dischazee; Beneficial Use of Receiving Waters; Cumulative Impacts; Off-Site Proiect Feature Impacts; Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.5 of the EIR, with the implementation of the project design features and existing. regulations/standard conditions described in the EIR, no significant impacts regarding water quality will occur. Finding: No additional mitigation is required; Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding; The EIR discusses potential impacts regazding water quality in Section 4.5, which is incorporated by reference herein. The. EIR determined that all direct and cumulative impacts to the proposed project regarding water quality would be less than significant with the implementation of project design features and existing regulations/standard conditions required by the EIR. No further mitigation is required. Mitigation Measures: The following Project Design Feature (PDF) and Standard Conditions (SC) are incorporated herein and shall be conditions of project approvaL• SC 5-1 Prior to approval of each mass or rough grading plan, the property owner/developer shall submit a project water quality management plan (WQMP) to the Department of Public Works for review and approval. The WQMP shall demonstrate compliance with the implementation plans under the MS4 Permit, namely the Drainage Area Management Plan/Local Implementation flan (DAMP/LIP). SC 5-2 Prior to the approval of grading plans, the property owner/developer shall provide written evidence to the Department of Public Works that it has filed a Notice of Intent with the Regional Water Quality Control Boazd in order to obtain coverage under the Construction General Permit (CGP) (NPDES No. CAS000002, Resolution No. 2001-046, or the latest.. approved CGP). Pursuant to the permit requirements, the property owner/developer shall develop a Stormwater Pollution Prevention. Plan (SWPPP) that incorporates Best Management Practices for reducing or eliminating construction related pollutants in the site runoff. SC 5-3 Prior to approval of a grading plan, the Department of Public Works shall verify that the General Waste Dischazge Requirements issued by the Santa Ana Regional Water Quality Control Board (RWQCB) Order No. R8-2003-0061, and NPDES No. CAG998001 (or latest approved equivalent) aze in effect and shall govern dischazges from construction dewatering and water line/sprinkler line testing should they occur during Mountain Park Specific Plan Amendment Findings of FacUStalement of Overriding Considerations Page 29 construction. The property owner/developer shall comply with these regulations including provisions requiring notification, testing and reporting of dewatering and testing-related discharges, which shall mitigate any impacts of such dischazges. SC 5-4 Prior to issuance of an Encroachment Permit by Caltrans for construction within Caltrans right-of--way, the property owner/developer shall prepare a Water Pollution Control Program (WPCP) or Storm Water Pollution Prevention Plan (SWPPP), as required, in conformance with Caltrans Standard Plans and Standazd Specifications for Water Pollution Control. The property owner/developer shall provide Caltrans Permits Branch with a copy of the WPCP or SWPPP, including BMPs to be implemented for construction activities, as required by the NPDES Statewide Storm Water Permit for General Construction activities: SC 5-5 Prior to issuance of an Encroachment Permit by Caltrans for construction within Caltrans right-of--way, a note shall be added to the grading plan requiring that any construction activities within Caltrans right-of--way shall be in compliance with the requirements of the Caltrans Statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003, in addition to the BMPs specified in the Caltrans Storm Water Management Plan. When applicable, the property owner/developer shall also conform to the requirements of the General NPDES Permit for Construction Activities, Order N. 99-08-DWQ, NPDES No. CAS 000002, and any subsequent General Permit in effect at the time of issuance of an Encroachment Permit. PDF 5-1 In furtherance of the Orange County Drainage Area Management Plan/City of Anaheim Local Implementation Plan (DAMP/LIP) requirements, the Mountain Park Specific Plan includes the following project design features that shall be incorporated into the final project Water Quality Management Plan (WQMP). These design features meet or exceed the requirements of the DAMP/LIP. Prior to approval of each mass or rough grading plan, the property owner/developer shall submit the Final WQMP to the Department of Public Works incorporating the following measures: a. Site Design BMPs: The following site design BMPs are practices designed to minimize runoff and the introduction of pollutants in storm water runoff. Minimize Impervious Area and Impervious Areas Directly Connected to Storm Drains • Minimize impervious areas by incorporating landscaped areas over substantial portions of the project azea consistent with the Development Plan-and Concept Landscape Plans. Single family residential landscape azeas shall be determined by zoning development standazds, including setbacks, lot coverage, street pazkway standazds, and design objectives; • Minimize directly connected impervious area by draining parking lots to landscaped' azeas or bioretention facilities to promote filtration and infiltration of storm water, if landscaping slopes aze less than 2 percent and the project is not adjacent to steep slopes; Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 30 • Utilize vegetated areas, e.g., setbacks, swales, end islands, and median strips, for biofiltration and bioretention of nuisance and storm runoff flows , _ from pazking lots and other impervious azeas; and • Design sidewalks to drain into landscaping and swales prior to discharging to the storm water conveyance system. Selection of Construction Materials and Design Practices • Select building material for roof gutters and downspouts that do not include copper or zinc; and • Construct streets, sidewalks, and pazking lot aisles to the minimum widths specified in the Anaheim Municipal Code or adopted Specific Plan and in compliance vvith the Development Plan and regulations for the Americans with Disabilities Act and safety requirements for fire and emergency vehicle access. Incorporate landscaped buffer azeas between sidewalks and streets in compliance with the Development Plan and Anaheim Municipal Code. Conserve Natural Areas • Preserve existing riparian azeas along Gygsum Canyon Creek and protect .with buffer zones per the Development Plan;., • Preserve 2,163 acres of open space within the project boundary outside of the development area, including NCCP open space areas, open space devoted to conservation easements, and other open space; • Concentrate or cluster development on the least environmentally sensitive portions of the project site (e.g., the quarry site) while leaving the remaining land in a natural, undisturbed condition; • Use natural drainage systems to the maximum extent practicable or create drainages (e.g., vegetated swales) that mimic natural conveyances and allow for storm water infiltration as well as pollutant removal; and • Maximize canopy interception and water conservation by preserving existing native trees and shrubs in natural open space azeas outside of the development area, incorporating new trees into project design pursuant to landscape and reforestation plan, and including native or drought resistant plants in development plant palettes. Protect Slopes and Channels • Protect slopes: minimize erosion potential with vegetative cover, route flows safely away from steep and/or sensitive slopes, stabilize disturbed slopes; and Mountain Park Specific Plan Amendment Findings of FacdStalement of Overriding Considerations page 31 • Protect channels: control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems, stabilize channel crossings, ensure that increases in runoff velocity and frequency caused by the project do not erode the channel, install energy dissipaters, such as riprap, at the outlets of storm drains or conveyances. b. Source Control BMPs: The following source control BMPs shall be implemented in order to minimize the amount of pollutants in dry weather (nuisance) flows and in storm water runoff from the project. Non-Structural Source Control I3MPs Nl Education for property owners, tenants and occupants -practical information materials shall be provided to the first residents/occupants/ tenants on general housekeeping practices that contribute to the protection of storm water quality, The Homeowner's Association (HpA) shall have an ongoing educational material distribution program. At a minimum, these materials shall cover the following topics: 1. The use of chemicals (including household type) that should be limited to the property, and avoidance of discharge of specified wastes via hosing or other means to gutters, catch basins, and storm drains. 2. The proper importance of appropriate imgation techniques and proper handling/application of material "such as fertilizers herbicides, pesticides, cleaning solutions, paint products, automotive products, and swimming pool chemicals, and swimming pool drainage. 3, The environmental and legal impacts of illegal dumping of harmful substances into storm drains and sewers. 4. Alternative household products that aze safer to the environment. 5. Household hazazdous waste collection programs. 6. Used oil-recycling programs. 7. Proper procedures for spill prevention and clean up. 8. Proper storage of materials that pose pollution risks to local waters. 9. Carpooling programs and public transportation alternatives to driving. N2 Activity restrictions (Conditions, Covenants, and Restrictions) - Conditions, Covenants, and Restrictions (CC&Rs) shall be prepazed as necessary and shall .address surface water quality protection, or, alternatively, use restrictions shall be developed through lease terms. Mountain Park Specific Plan Amendment Findings of FacVStatemenl of Overriding Considerations Page 32 N3 Common area landscape management -ongoing maintenance shall be consistent with City of Anaheim Landscape Water Efficiency (Chapter 10.19 of the Anaheim .. _. Municipal Code), plus fertilizer and/or pesticide usage shall be consistent with County Management Guidelines for Use of Fertilizers (DAMP Section 5.5). See also, efficient irrigation systems under structural controls. N4 BMP maintenance - Homeowners Associations (HOAs) shall be responsible for the inspection and maintenance of structural BMPs (including treatment controls) located within the HOA boundaries. These BMPs aze outlined below: Nl l Common area litter control - HOA shall conduct litter patrol; provide for covered trash receptacles, trashcans with lids, and emptying of trash receptacles in common azeas; note trash disposal violations by tenants/homeowners or businesses and report the violations to the owner/HOA for investigation shall be conducted. Nl4 Common area drainage facility inspection -Privately-owned drainage facilities shall be inspected each year and, if necessary, cleaned and maintained prior to the storm season, no later than October 1st each yeaz. Drainage facilities include catch basins .and inlets, catch basin inserts, water quality basins, detention basins, other treatment facilities, and open drainage channels. N15 Street sweeping private streets and pazking lots -Streets shall be swept prior to the storm season in late summer/early fall, no later than October 1st of each yeaz. Pazking lots at the private community center shall be swept weekly at a minimum, weather permitting. Structural Source Control BMPs • Provide Storm Drain Stenciling and Signage all storm drain inlets and .catch basins, constructed or modified, within the project azea shall be stenciled or labeled.. Signs, which prohibit illegal dumping, shall be posted at public access points along channels and creeks within the project area. Legibility of stencils and signs shall be maintained. • Trash Area Design -trash azeas shall be paved, designed not to allow rim- on, screened or walled to prevent off-site transport of trash; and covered to minimize direct precipitation. Common azea litter control shall include a litter patrol, covered trash receptacles, emptying of trash receptacles in a timely fashion, and noting trash violations by tenants/homeowners and reporting the violations to the owner/HOA for investigation. Connection of trash azea drains to the municipal storm drain system shall be prohibited.... • Efficient Irrigation the timing and application methods of irrigation water in common azeas shall minimize the runoff of excess irrigation water into the storm water conveyance system. Mountain Park Specific Plan Amendment Findings of Facct/Statement of Overriding Considerations Page 33 • Protect Slopes and Channels storm water BMPs shall be included to decrease the potential for erosion of slopes and/or channels, and may include appropriate conveyance structures, landscaping, eta • Hillside Landscaping Hillside azeas that .are disturbed by project development shall be landscaped with deep-rooted, drought tolerant plant species selected for erosion control • Fire Station Catch basin inserts with hydrocazbon absorption mats shall be provided for the fire station and vehicle maintenance shall be performed indoors and shall therefore not enter into the storm drain system because indoor drains flow to the sanitary sewer system. c. Treatment Control BMPs: The following treatment control BMPs aze a part of the conceptual water quality treatment program included in the Mountain Park Specific Plan (refer to Exhibit 3-10). Prior to the issuance of grading permits, the property owner/developer shall include the following features in the final WQMP submitted to the Department of Public Works for review and approval. • Storm water runoff from the disturbance area shall be routed to nine water quality basins. Collectively, the water quality basins shall treat runoff from approximately 488 acres within the disturbance area. The water quality basins shall incorporate dry extended detention to provide water quality treatment for storm .flows. Dry extended detention basins are designed with outlets that detain the runoff volume from the water quality design storm (e.g., the 85th percentile 24-hour event) for some minimum time (36 hours) to allow particles and associated pollutants to settle out. • The water quality basins shall incorporate wetland vegetation along the low flow channel in the bottom of the basin for the treatment of dry weather flows and small storm events. These basins shall not contain ponded or standing water for periods"in excess of 48 hours. • The park and school site shall have a water quality basin or BMP with equivalent treatment effectiveness with the sizing of the treatment based on the DAMP/LIP requirements. • Per the MS4 permit, the water quality basins within the proposed project shall be designed to contain a "water quality pool" sized to meet the maximized storm water capture volume for the azea, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87 (1998). The water quality pool is designed to drain in 36 hours. • Approximately 4.1 acres of roadway that does not drain to the basins shall be treated with filter strips (a type of biofilter) designed per the MS4 permit and DAMP/LIP requirements treating a flow rate two times the 85th percentile hourly rainfall as determined by historical rainfall. The Mountain Park Specific Plan Amendment Findings of FacVSlatement of Overriding Considerations Page 34 water tank located in Development Area 7 shall also be treated using a filter strip or a bioswale, designed per DAMP/LIP requirements: _. • Offsite roadway improvements shall be treated by BMPs providing treatment equivalent to that provided by biofiltration (bioswales or filter strips) sized pursuant to the criteria in the MS4permit: Reference:. EIR § 4.5; Water Quality Technical Report (Appendix I)). F. Biological Resources Environmental Impact: ~ecial Status Plant and Wildlife Species; Riparian Habitat; Protected Wetlands and Jurisdictional Waters; Wildlife Movement; Consistency With Applicable Habitat Plans or Policies; Cumulative Impacts; Off-Site Proiect Feature Impacts; Caltrans-Related Project Feature Impacts.. As discussed in Section 4.6 of the EIR, any adverse impacts from the project. regazding biological resources will be mitigated to below a level of significance through the implementation of the existing. regulations/standard conditions, project design features, and mitigation measures contained in the EIR. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding biological resources to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: The EIR discusses potential impacts regarding biological resources in Section 4.6, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regarding biology would be less than significant with the implementation of the existing regulations/standard conditions, project design features, and mitigation measures required by the EIR. Mitigation Measures: The following Project Design Feature (PDF), Standazd Conditions (SC), and Mitigation Measures (MM) are incorporated herein and shall be conditions of project approval: SC 6-1 Prior to approval of mass or'rough"grading plans impacting jurisdictional azeas, the property owner/developer shall provide written evidence to the Deparment bf Public Works of compliance with the provisions of Section 1602 of the California Fish and Game Code. This shall be accomplished by providing a copy of the executed Streambed Alteration Agreement. SC 6-2 Prior to approval of mass or rough' grading plans impacting jurisdictional azeas, the property owner/developet shall provide the Department of Public Works with a copy of the executed Section 404 permit obtained from the Army Corp of Engineers (ACOE). Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 35 SC 6-3 Prior to approval of mass or rough grading plans, the property owner/developer shall provide the Department of Public Works with a copy of the Section_401 water quality certification obtained from the Regi?,tal Water Quality Control Board (RWQCB). SC 6-4 Prior to approval of mass or rough grading plans, the project biologist shall review the following contract specifications to verify that the following measures to minimize impacts to the coastal California gnatcatcher and other coastal sage scrub (CSS) species have been included on the specifications. The project biologist shall provide written evidence to the Department of Public Works in the form of a note on the grading plans that this condition has been completed. To the maximum extent practicable, no grading of coastal sage scrub (CSS) habitat that is occupied by nesting gnatcatchers will occur during the breeding season (Februazy 15 through July 15): It is expressly understood that this provision and the remaining provisions of these "construction-related minimization measures" are subject to public health and safety considerations. These considerations include unexpected slope stabilization, erosion control measures and emergency facility repairs. In the event of such public health and safety circumstances, landowners or public agencies/utilities will' provide United State Fish and Wildlife Service/California Department of Fish .and Game (USFWS/CDFG) with the maximum practicable' notice (or such notice as is specified in the Natural Communities Conservation Program/Habitat Conservation Plan (NCCP/HCP) to allow for capture'of gnatcatchers, cactus wrens, and any other CSS Identified Species that aze not otherwise flushed, and will carry out the following measures only to the extent as practicable in the context of the public health and safety considerations.. Prior to commencement of grading operations or other activities involving significant soil' disturbance, all areas of CSS habitat to be avoided under the provisions of the NCCP/HCP, shall be identified with temporary fencing or other markers cleazly visible to construction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey will be conducted to locate gnatcatchers and cactus wrens. within 100 feet of the outer extent of projected soil disturbance activities and the locations of any such species shall be cleazly mazked and identified on the construction/gradingpians. A monitoring biologist, acceptable to USFWS/CDFG will be on-site during any cleazing of CSS. The landowner or relevant public agency/ utility will advise USFWS/CDFG at least seven (7) calendaz days [and preferably fourteen (14) calendar days] prior to the clearing of any habitat occupied by Identified Species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird flushing/capture activities. The monitoring biologist will flush Identified Species (avian or other mobile Identified Species) from occupied habitat aeeas immediately prior to brush-clearing and earth-moving activities. If birds cannot be flushed, Mountain Park Specific Plan Amendment findings of Fact/Statement of Overriding Considerations Page 36 they will be captured in mist nets, if feasible, and relocated to areas of the site to be protected or to the NCCP/HCP Reserve System. It will be the ;,.__ responsibility of the monitoring biologist to assure that Identified bird species will not be directly impacted by brush-clearing and earth-moving equipment in a manner that also allows for construction activities on a timely basis. • Following the completion of initial grading/earth movement activities, all aeeas of CSS habitat to be avoided by construction equipment and' personnel.. will be marked with temporary fencing and other appropriate mazkers cleazly visible to construction personnel. No construction .access, pazking, or storage of equipment or materials will be permitted within such mazked areas. • In aeeas bordering the NCCP Reserve System or Special Linkage/Special Management aeeas containing significant. CSS identified in the NCCP/HCP for protection, vehicle transportation routes between cut-and- fill: locations will be restricted to a minimum number during construction consistent with project construction requirements.. Waste dirt or rubble will not be deposited on adjacent CSS identified in the NCCP/HCP for protection. Pre-construction meetings involving the monitoring biologist, construction supervisors, and equipment operators will be conducted and documented to ensure maximum practicable adherence to these measures. • CSS identified in the NCCP/HCP for protection and located within the likely dust drift radius of construction aeeas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist,:. SC 6-5 Prior to approval of mass or rough grading plans, the property owner/developer shall report the amount of coastal sage scrub that would be impacted by proposed grading activities. The amount of coastal sage scrub impacts shall be noted on plans submitted for grading permits and submitted to the Planning Department and to the Nature Reserve of Orange County (NROC) to ensure that. a proper accounting of coastal sage scrub impacts is recorded for purposes of the NCCP/HCP. SC 6-6 On an annual basis until grading activities aze complete, the property owner/developer shall provide the Planning Department and Nature Reserve of Orange County (NROC) with a calculation of the total amount of coastal sage scrub that has been removed during the calendar year. SC 6-7 .Prior to approval of mass. or rough grading plans, the project biological monitor shall provide written verification to the Department of Public Works that the appropriate provisions of the comprehensive mitigation program for the foothill maziposa lily approved by the United State Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG) in Mazch 2004 for the Irvine Company's "North Ranch" projects Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 37 (including the Mountain Park Specific Plan project) shall be implemented consistent with the approved plan. The March 2004 mitigation program is included in Appendix E. PDF 6-1 Prior to approval of tentative tract or parcel maps,,. the project biologist shall submit written verification in the form of a note on the tentative tract or parcel maps, that the project development boundaries are consistent with the Open Space; Trail and Bikeway Plan identified in Exhibit 3 8 of the Draft EIR (included in Attachment A). The proposed project includes 2,163 acres of preserved open space: NCCP/HCP Reserve (940 acres), The Nature Conservancy Anaheim Conservation Easement (TNC ACE) (913 acres) and 310 acres of additional open. space throughout the project site not related to the NCCP/HCP Reserve or TNC ACE: MM 6-1 Prior to initiation of construction activities, the property owner/developer shall retain a project biological monitor approved by both the United States Fish and Wildlife Services and California Department of Fish and Game. The project biological monitor shall ensure that all permit conditions aze met; all mitigation measures are properly implemented, and that the project complies with all standard conditions and project design features. The project biological monitor shall also be present during any pre-grade meetings, mass grading operations, and periodically during construction to ensure that sensitive resources designated for preservation aze properly protected. Beginning with the initiation of construction or grading activities, the project biological monitor shall submit monthly status reports to the Planning Department to demonstrate compliance with this measure. MM 6-2 Prior to the approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developet• shall provide a wetland mitigation plan approved by the ACOE (for Section 404 aeeas) and CDFG (for the Section 1602 aeeas) to the Department of Public Works. A total of 14.1 acres of ripazian mitigation are necessary to offset the loss of ALOE and CDFG jurisdictional areas as a result of the proposed project. A Conceptual Wetland and Riparian Habitat Mitigation Plan has been prepared by JSA (February, 2005). The purpose of the mitigation plan is to: • Create (establish), restore; or enhance wetland/ripazian habitats on-site to the maximum extent practicable to minimize the on-site loss of ACOE and CDFG jurisdictional acreage and function, and provide off-site mitigation for the remainder of the impacts, To implement, to the extent practicable, off-site mitigation in the Santa Ana River watershed, as close to the study area as possible or otherwise at a key ecological site; • To return jurisdictional habitats that aze temporarily disturbed during construction to pre-construction conditions; and, • To ensure that adjacent non jurisdictional habitats ate protected. The preferred on-site mitigation approach shall be approved by the ALOE, CDFG and RWQCB during the permitting process. One possible component of the on-site mitigation, to address the impacts of the box extension on the already disturbed Gypsum Canyon Creek Mountain Park Specific Plan Amendment Findings of FacVStatemenl of Overriding Considerations Page 38 channel, could include a rebuilt creek as a low-flow ripazian comdor through the canyon mouth area. Conceptually, the box extension shall act as a high-flow by-pass that efficiently conveys the ..._. more intense and destructive flood flows. The riparian corridor shall extend upstream to the road crossing of Gypsum Canyon Creek. The riparian corridor shall consist of a riverine. channel flanked by planted embankments. The riverine channel would be soft bottom and the ripazian vegetated floor would be nurtured by low and seasonal run-off diverted into it from a channel split from the new box culvert opening. This "splitter" shall consist of a junction opening that becomes a tunnel that would accommodate storm flows as well as wildlife movement under the road crossing to the riparian corridor. MM 6-3 Prior to approval of masse or rough grading plans, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works that include the following note: "Initial clearing of vegetation that has been identified as being used by the. southwestern willow flycatcher shall be conducted outside of the breeding season or with the presence of a biological monitor during the breeding season to ensure that no individuals of this species aze directly impacted. The breeding season for the southwestern willow flycatcher is between May 15 and July 31." Following completion of initial clearing of vegetation, the project biological monitor shall provide written evidence to the Planning Department that this measure has been completed... MM 6-4 Prior to approval of mass or rough grading plans for Development Areas 1, 2, 3, 4 and 7, the project. biologist shall provide to the Planning Department a translocation program for the many-stemmed dudleya, approved by the United States Fish and Wildlife Service and California Department of Fish and Game. The project biological monitor shall provide written notification to the Planning Department when the translocation program has been completed. The Mountain Park many-stemmed dudleya translocation program shall utilize the following techniques and meet the following standards: • Relocation of a minimum of at least 50 percent of the corms from impact aeeas to receptor sites. The relocation of topsoil including corms (topsoil relocation method) shall occur in late falUeazly winter (November- January). Corm salvage using the "soil: sieving method" shall occur when soils aze still dry; therefore, as eazly as possible between October and December. Corms collected using the "soil sieving method" shall be replanted as soon as possible after collection (November-January). • Seed collection from impact areas followed by hand broadcasting at appropriate receptor sites; and seed collection with propagation, nursery reazing, and translocation to appropriate sites. Seed collection would occur in late spring (May-June). MM 6-5 Prior to approval of street improvement plans for Gypsum Canyon Road, the property owner/developer shall submit copies of contractor specifications to the Department of Public Works that include the following requirements to protect the summer roost of Yuma myotis within the Gypsum Canyon culverts under the 91 Freeway: (1) construction activities to lengthen. the culverts shall be scheduled outside of the critical breeding time (May 1 through August 15) to avoid direct impacts; (2) if construction must occur between May 1 and Mountain Park Specific Plan Amendment Findings of Fact/Stalement of Overriding Considerations Page 39 August 15, .all construction .activities shall occur outside the current culverts and no deeper than 25 feet inside the culverts to avoid a negative effect on the colony; (3) no night work shall occur azound the culvert openings and only construction lighting necessary for safety purposes shall be used neaz the culvert openings. Following completion of construction activities associated with the culverts, the project biological monitor shall provide written notification to the Planning Department that the contractor specifications have been complied with. MM 6-6 Prior to approval of mass or rough grading plans, the property owner/ developer shall submit copies of contractor specifications to the Department of Public Works that include the following requirements to protect nesting birds regulated by the Migratory Bird Treaty Act: "When feasible, vegetation removal activities shall be scheduled between July 16 and Februry 14 to avoid the nesting season. This would ensure that no active nests would be disturbed and that removal could proceed rapidly. If vegetation removal activities shall occur during the nesting season (February 15 to July 15), all suitable habitat shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist prior to removal. If any active nests are detected, the azea shall be flagged, along with a minimum 50-foot buffer (buffer may range between 50 and 300 feet as determined by the monitoring biologist), and shall be avoided until the nesting cycle is complete or it is determined by the monitoring biologist that the nest has failed." In addition, a biologist shall be present on the site to monitor the vegetation removal to ensure that nests not detected during the initial survey aze not disturbed. The project biological monitor shall provide written notification to the Planning Department that these requirements have been accomplished following completion of grading activities associated with each grading permit. MM 6-7 Prior to the approval of each final tract or parcel map or the issuance of grading permits, whichever occurs first, the property owner/developer shall provide the Department of Public Works with a Natural Resource Management Plan to be included in the Conditions, Covenants, and Restrictions (CC&Rs) for open space areas to be maintained by the Homeowner's Association.. The Natural Resource Management Plan shall include requirements, including timing restrictions, for vegetation removal from water quality basins included in the Water Quality Management Plan; management of native habitat within open space azeas; proper management of household pets to avoid impacts to native species; and, rules and regulations for human use of open space azeas MM 6-8 In conjunction with the sale of each dwelling unit, the property owner/developer shall provide each homeowner with a copy of the Nature Reserve of Orange County Wildland Interface Brochure, along with its attachments. The brochure shall be included as part of the sales literature for the project to educate homeowners on the responsibilities associated with living at the wildland interface. The brochure shall address relevant issues, including the role of natural predators in the wldlands and how to minimize impacts of humans and domestic pets on native communities and their inhabitants A copy of the brochure shall be provided to the City of Anaheim Planning Department prior to the first final building and zoning inspection. Reference: E1R § 4.6; Biological Resources Assessment (Appendix E); Wetlands Delineation, Riparian Habitat Condition Assessment, and Conceptual Wetland and Riparian Habitat Mitigation Plan (Appendix F). Mountain Park Specific Plan Amendment Findings of FacUStatement of Oveviding Considerations Page 40 G. Traffic and Circulation 1. EnvironmentalImpact: Roadway and Intersection Traffic. As discussed in Section 4.7 of the EIR, without mitigation,. the project will cause a significant impact to the Weir Canyon Road/La Palma Avenue intersection and on Weir Canyon Road south of the intersection within the City of Yorba Linda. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding roadway and intersection traffic to below a level of significance. However, Mitigation Measure 7-1, which would reduce roadway and intersection traffic impacts to below a level of significance is outside of the control of the City, and requires action by the City of Yorba Linda: This mitigation measure can and should be implemented by the City of Yorba Linda, but if the City of Yorba Linda does not implement the mitigation measure, impacts to roadway and intersection traffic would be significant. The City finds pursuant to Public Resources Code Section 21081(a)(2) that this mitigation measure is within the responsibility and jurisdiction of another public agency, the ,City of Yorba Linda, and can and should be adopted by the other public agency, the City of Yorba Linda.. In addition, Mitigation Measure 7-1 provides for "fair share" funding by the applicant of certain mitigation measures, requiring the applicant to pay its equitable shaze of the costs of needed future improvements. The complete cost of these improvements, including the remaining potential "fair shaze" payments from other development projects beyond the applicant's funded fair share costs, has not been fully funded. While the City intends to require or pursue the remaining "fair'share" .and other funding in the future to complete these physical improvements, this funding cannot be assured at this time. The City finds that there are no other feasible mitigation measures that would mitigate the impact to below a level of significance, and that specific economic, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section VII of these Findings. (Public Resources Code Section 21081(a)(3); Guideline Section 15091(a)(3)). As described in the Statement of Overriding Considerations in Section XI of these Findings, the City has determined that this potential impact (that would occur only if the City of Yorba Linda failed to implement this mitigation measure, or if the remaining funding is not provided), is acceptable because of specific overriding considerations. Public Resources Code § 21081(a)(1), (2), (3), Guidelines § 15091(a)(1), (2), (3). Facts in Support of Finding: The EIR discusses potential impacts regarding traffic and circulation in Section 4.T, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regazding traffic and circulation; including impacts to roadway and intersection traffic at the Weir Canyon Road/La Palma Avenue intersection and on Weir Canyon Road south of the intersection, would be less than significant with the implementation of the existing regulations/standazd conditions, project Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 41 design features, .and mitigation measures required by the EIR. Specifically, implementation of Mitigation Measure 7-l, which requires the applicant to make a lump sum payment to the„City for the fair-shaze cost of roadway and intersection improvements will mitigate the potential significant impact to below a level of significance if the improvements are constructed. The improvements to be fair-share funded under Mitigation Measure 7-1 include: (I) adding a third northbound through lane and converting a southbound right-turn lane to a shazed through/right-turn lane at the Weir Canyon Road/La Palma Avenue Intersection; (2) converting the second eastbound through lane to a shazed second through/second right turn lane at the Weir Canyon Road/La Palma Avenue Intersection; (3) improving the operations of the section of roadway at SAVI Ranch Road/Weir Canyon Road through geometric improvements, adding directional signage and providing an interconnected signal to optimize traffic movement progression within the mid-block segment; and (4) converting the eastbound third through lane to a third left-turn lane at the Weir Canyon Road/Santa Ana' Canyon Road intersection.. Implementing these mitigation measures, (if they are fully funded and approved by the City of Yorba Linda as described below), will reduce impacts to roadway and intersection traffic to below a level of significance. The physical improvements required to mitigate these potential impacts also require approval and financing from the City of Yorba Linda. In addition, the City_of Anaheim has not committed to funding the required improvements beyond the applicant's fair-share contribution. Because the City has not committed to funding the required improvements and cannot require another jurisdiction to implement these improvements, the impacts to roadway and intersection traffic at the Weir Canyon Road/La Palma Avenue intersection and on Weir Canyon Road south of the intersection are considered potentially significant and unavoidable. There are ho feasible mitigation measures, other than those already identified and outside of the City's control, that would reduce these impacts to below a level of significance. Mitigation Measures: The following Project Design Features (PDF), Standazd Condition (SC), and Mitigation Measures (n'IM) aze incorporated and shall be conditions of project approval: SC 7-1 Prior to the issuance of each building permit, the Foothill/Eastern Transportation Corridor Major Thoroughfare and Bridge Fees shall be paid by the property owner/developer to the City of Anaheim. Payment of these fees provides for the project's fair: shaze contribution to the ultimate improvements to SR-241 and SR 26L PDF 7-1 The Mountain Pazk Specific Plan includes a circulation system consisting of on-site roadways (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment A). The tentative tract or pazcel maps submitted for review and approval, will incorporate preliminary street design features (i.e., cross-sections, alignment and grades) demonstrating consistency with the proposed circulation system. Prior to approval of each tentative tract or parcel map, the subdivision map shall be prepazed consistent with the Mountain Pazk Specific Plan Circulation System Plan (Exhibit 4.7-5 of the Draft EIR) to the satisfaction of the City Engineer. All street improvements within the subdivision map shall be completed prior to the final building and zoning inspection for units. served by said improvement. Mountain Park Specific Plan Amendment Findings of FacUStatement of Oveviding Considerations Page 42 PDF 7-2 The Mountain Pazk Specific Plan includes a circulation system including the following off-site roadway improvements (refer to Exhibit 4.7-5 of the Draft EIR _,,._ included in Attachment A) identified in the Mountain Pazk Specific Plan, the City of Anaheim General Plan and Orange County Master Plan of Arterial Highways. The development area.. plans and tentative tract or pazcel maps, submitted for review and approval, shall incorporate preliminazy street design features (i.e., cross-sections, alignment and grades) demonstrating that the proposed circulation system is consistent with that defined in the Mountain Park Specific Plan, the City of Anaheim General Plan and the Orange County Master Plan of Arterial Highways. • Gypsum Canyon Road -Improved from atwo-lane undivided roadway to a four-lane divided roadway from the SR 91 westbound off=ramp to the proposed Santa Ana Canyon Road realignment. A construction contract for improvements to this portion of Gypsum Canyon Road shall be awarded prior to issuance of the first building permits in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241. • Santa Ana Canyon Road -Realign and improve from atwo-lane undivided roadway to a four-lane divided roadway from SR 241 to Gypsum Canyon Road. A construction contract for improvements to this portion of Santa Ana Canyon Road shall be awazded prior to issuance of the first building permit in development azeas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for azeas east of SR 24 L • Weir Canyon Road (Oak Canyon Drive to Blue Sky Way) - Restripe approximately 600-feet to transition from asix-lane roadway at Oak Canyon Drive to a four-lane roadway at Blue Sky Way prior to issuance of the first building permit for Development At•eas 3 or 7, whichever occurs first. • Weir Canyon Road (Blue Sky Way to SR-241) -Construct as a four-lane divided roadway from Blue Sky Way to SR 241 (includes elimination of the northbound left-tum lane at the Weir Canyon Road/Blue Sky Road intersection). Improvements to this portion of Weir Canyon Road shall be completed prior to the first final building and zoning inspection for Development Areas 3 or 7, whichever occurs first. • Gypsum Canyon Road and SR 91 Westbound Ramp intersection -Add second northbound through lane. A construction contract for improvements to this portion of intersection shall be awazded prior to issuance of the first_building permits for development areas east of SR- 241. The improvements shall be substantially completed prior to the first Mountain Park Specific Plan Amendment Findings of FacUStalemenl of Overdding Considerations Page 43 final building and zoning inspection for the first phase of development for areas east of SR 241, • Gypsum Canyon Road and SR 91 Eastbound Ramp intersection -Add second northbound and southbound through lanes. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permits in development areas east of SR 241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development azeas for east of SR-241. • Gypsum Canyon Road/Santa Ana Canyon Road intersection -Improve to provide two southbound through lanes and a southbound right-turn lane, two northbound through lanes and a northbound left-tum lane, and two eastbound left-turn lanes and an eastbound right-turn lane. A construction contract for improvements to this intersection shall be awazded prior to the issuance of the first building permits in development .azeas east of SR 241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for azeas east of SR-241. • Oak Canyon Drive, east of Running Springs. Road -This portion of Oak Canyon Drive within City right-of--way. will be abandoned by the City of Anaheim and improved with a vehicle maintenance road and landscaping (see Exhibit 3-17). The maintenance road will be gated to the satisfaction of the City Engineer. Improvements associated with this portion of Oak Canyon Drive within City right-of--way shall be substantially completed prior to issuance of the first building permits in development areas west of SR-241. PDF 7-3 The proposed project includes the construction of the SR 241/Weir Canyon Road interchange with ramps to and from the south on SR 241 and construction of a bridge over SR-241 for Mountain Pazk Drive. Prior to completion of the Mountain Park Drive bridge over-crossing, the design for the construction of the SR-241/Weir Canyon Road interchange shall be awarded. Construction of the SR-241/Weir Canyon Road interchange shall be completed prior to issuance of the 421st building permit on the east side of SR-241. PDF 7-4 The proposed project includes the construction of a bridge over SR-241 for Mountain Park Drive. Prior to opening of models for development azeas east of SR- 241,the Mountain Park Drive over-crossing construction shall be completed. MM 7-1 Prior to issuance of the first building permit, the property owner/developer shall make one lump sum payment for the fair shaze of the cost to the City of Anaheim for implementation of the following roadway and intersection improvements. Evidence of payment shall be provided to the Department of Public Works. Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations page 4q • Weir Canyon Road/La Palma Avenue Intersection.- (1) Add a third northbound through lane and convert southbound right-turn lane to shared third through/right-turn lane; and (2) convert the second eastbound through lane to a shazed second through second right-turn lane (this would require eliminating the existing eastbound right-turn green arrow overlap with the northbound left-turn movement). The first improvement is committed to be constructed before the year 2010 by the Cities of Anaheim and Yorba Linda using secured Orange County Measure M funds and expected matching local funds from the City of Yorba Linda and the City of Anaheim Redevelopment Agency. The property owner/developer is responsible for paying its fair shaze of the funds that .have yet to be allocated by the City of Anaheim. The second improvement is not funded and the property owner/developer shall be responsible for paying its fair shaze of the entire cost of the improvement. The project share of future AM and PM peak hour traffic at this intersection under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 37 percent. Weir CanyomRoad between La Palma Avenue and SR 91 -Improve the operations of the section of roadway at SAVI Ranch Road/Weir Canyon Road through geometric improvements, adding directional signage and providing an interconnected signal to 'optimize traffic movement progression within the mid-block segment: This improvement is committed to be implemented by the Cities of Anaheim and Yorba Linda before the Year 2010 using secured OCTA Measure M funds and matching local funds that have yet to be allocated. The property owner/developer is responsible for paying its fair shaze of the funds that have yet to be allocated by the City of Anaheim. The project shaze of future AM and PM peak hour traffic' on this roadway under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 30 percent. • Weir Canyon Road/Santa Ana Canyon Road Intersection -Convert eastbound third through lane to third left-turn' lane. The property owner/developer shall be responsible for paying its fair shaze of the entire cost of the improvement as determined by the bepartment of Public Works. The project shaze of future AM and PM peak hour traffic at this intersection under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 35 percent. The City of Anaheim shall monitor the Level' of Service at this intersection at' a minimum every two yeazs and, per the requirements of the OCTA Measure M funding, is committed to funding the remaining costs of the improvements at such time as the improvements aze deemed necessary to provide an acceptable Level of Service D at this location. MM 7-2 Prior to .approval of street improvement plans for Mountain Park Drive, the property owner/developer shall provide a final roadway design plan to the Department Mountain Park Specific Plan Amendment Findings of Fact/Statemenf of Overriding Considerations Page 45 of Public Works with Mountain Pazk Drive designed to Modified Hillside Collector standards and with curvilinear alignments that provide adequate sight distance for safety purposes_ as approved by City Engineer. MM 7-3 Prior to the approval of each development azea plan, the property owner/developer shall submit a traffic phasing plan.. The plan shall be reviewed and approved by the Department of Public Works, Development Services Division and Traffic Engineering Division, and the Fire Deparment. The plan shall also be submitted for review and comment by Caltrans if any portion of the plan involves Caltrans facilities. The plan shall include the following items: L Documentation of the number of units and product types of each development area, and resulting Level of Service (LOS) shall be provided for locations listed in PDF 7-2. 2. Phasing of roadway construction, specifying which roads shall be constructed as backbone streets .and which roads shall be constructed with tract development. 3. Traffic. improvements (including signals, signage and striping) to local streets, arterials and intersections, freeway interchanges and bridge over-crossings. 4. Identification of measures that will be incorporated to minimize the impacts of project construction traffic on Gypsum Canyon Road between the SR-91 westbound off-ramp and Santa Ana Canyon Road; Gypsum Canyon Road/SR-91 interchange ramps; and Santa Ana Canyon Road between Gypsum Canyon Road and Weir Canyon Road prior to completion of the improvements listed in PDF 7-2. MM 7-4 Prior to approval of a grading plan for each development azea, the property owner/developer shall submit a traffic control plan including construction haul routes, duration and location of lane closures, and any pedestrian-related impacts to sidewalks and intersection crossings, for review and approval. by the Department of Public Works, Development Services Division and Traffic Engineering Division. Reference: EII2 § 4.7; Traffic and Circulation Technical Report (Appendix G) 2. EnvironmentalIu-pact: Level of Service; Traffic Hazards: Emergency Access• Pazking• Alternative Transnortation; Consistency With Applicable Traffic Plans Policies or ReQUlations• Cumulative Impacts; Off-Site Proiect Feature Impacts; Caltrans-Related Project Feature Impacts As discussed in Section 4.7 of the EIR, with the possible exception, for which a sepazate finding is made above; of impacts to roadway and intersection traffic at the Weir' Canyon Road/La Palma Avenue intersection and on Weir Canyon Road south of the intersection (if mitigation measures outside of the City's control are not adopted), any adverse impacts from the project regarding traffic and circulation will be mitigated to below a level of significance through the implementation of the existing regulations/standard conditions, project design features, and mitigation measures contained in the EIR. Mountain Park Specific Plan Amendment Findings of Facf/Slatement of Overdding Considerations Page 46 Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects ; . -_ regarding traffic and circulation to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: .The E1R discusses potential impacts regarding traffic and circulation im Section 4.7, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regazding traffic and circulation, with the possible exception of impacts to roadway and intersection traffic at the Weir Canyon Road/La Palma Avenue intersection and on Weir Canyon Road south of the intersection (if mitigation measures outside of the City's control aze not adopted), would be less than significant with the implementation of the existing regulations/standard conditions, project design features, and mitigation measures required by the EIR. Mitigation Measures:. The following Project Design Features (PDF), Standard Condition (SC), and Mitigation Measures (Mk'1) aze incorporated and shall be conditions of project approval: SC 7-1 Prior to the issuance of each building permit, the Foothill/Eastern Transportation Corridor Major Thoroughfare and Bridge Fees shall be paid by the property owner/developer to the City of Anaheim. Payment of these fees provides for the project's fair shaze contribution to the ultimate improvements to SR-241 and SR 261, PDF 7-1 The Mountain Pazk Specific Plan includes a circulation system consisting of on-site roadways (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment A). The tentative tract or pazcel: maps submitted for review and approval, will incorporate preliminary street design features (i.e., cross-sections, alignment and grades) demonstrating consistency with the proposed circulation system. Prior to approval of each tentative tract or parcel map, the subdivision map shall be prepazed consistent with the Mountain Pazk Specific Plan Circulation System Plan (Exhibit 4.7-5 of the Draft EIR) to the satisfaction of the City Engineer. All street improvements within the subdivision map "shall be completed prior to the fmal building and zoning inspection for units served by said improvement. PDF 7-2 The Mountain Pazk Specific Plan includes a circulation system including the following off-site roadway improvements (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment A) identified in the Mountain Pazk Specific Plan, the City of Anaheim General Plan and Orange County Master Plan of Arterial Highways. The development area plans and tentative tract or pazcel maps, submitted for review and approval, shall incorporate preliminary street design features (i.e., cross-sections, alignment and grades) demonstrating that the proposed circulation system is consistent with that defined in the Mountain Pazk Specific Plan, the City of Anaheim General Plan and the Orange County Master Plan of Arterial Highways. • Gypsum Canyon Road Improved from atwo-lane undivided roadway to a four-lane divided roadway from the SR 91 westbound off-ramp to the proposed Santa Ana Canyon Road realignment. A construction contract Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 47 for improvements to this portion of Gypsum Canyon Road shall be awazded prior to issuance of the first building permit in development azeas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for azeas east of SR-241. • Santa Ana Canyon Road -Realign and improve from a two-lane undivided roadway to a four-lane divided roadway from SR 241 to Gypsum Canyon Road. A construction contract for improvements to this portion of Santa Ana Canyon Road shall be awazded prior to issuance of the first building permits in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for azeas east of SR 241.: • Weir Canyon Road (Oak Canyon Drive to Blue Sky Way) - Restripe approximately 600-feet to transition from a six-lane roadway at Oak Canyon Drive to a four-lane roadway at Blue Sky Way prior to issuance of the first building permits for Development Areas 3 or 7, whichever occurs first. • Weir Canyon Road (Blue Sky Way to SR-241). Construct as a four-lane divided roadway from Blue Sky Way to SR 241 (includes elimination of the northbound left-turn lane at the Weir Canyon Road/Blue Sky Road intersection): Improvements to this portion of Weir Canyon Road shall be completed prior' to the first final building and zoning inspection for Development Areas3 or 7, whichever occurs fast. • Gypsum Canyon Road and SR 91 Westbound Ramp intersecfion -Add second northbound :through lane.. A construction contract for improvements to this portion of intersection shall be awazded prior to issuance of the first building permits for development areas east of SR- 241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR 241. • Gypsum Canyon Road and SR 91 Eastbound Ramp intersection -Add second northbound and southbound through lanes. A construction contract for improvements to this portion of intersection shall be awazded prior to issuance of the first building permits in development azeas east of SR 241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development azeas for east of SR-241. • Gypsum Canyon Road/Santa Ana Canyon Road intersection -Improve to provide two southbound through lanes and a southbound right-turn lane, two northbound through lanes and a northbound left-turn lane, and two Mountain Park Specific Plan Amendment Findings of Fact/Statemenl of Overriding Considerations Page 48 eastbound left-tum lanes and an eastbound right-tum lane. A construction contract for improvements to this intersection shall be awarded prior to the . _ , issuance of the first building permits in development areas east of SR 241. The improvements shall be .substantially completed prior to the fi;st final building and zoning inspection for the first phase of development for areas east of SR-241: • Oak Canyon Drive; east of Running Springs Road -This portion of Oak Canyon Drive within Cityright-of--way will be abandoned by the City of Anaheim and improved with a vehicle maintenance road and landscaping (see Exhibit 3-17). The maintenance road will be gated: to the satisfaction of the City Engineer. Improvements associated with this portion of Oak Canyon Drive within City right-of--way shall be substantially completed prior to issuance. of the first building permit in development aeeas west of SR-241. PDF 7-3 The proposed project includes the construction of the SR 241/Weir Canyon Road interchange with ramps to and from the south on SR 241 and construction of a bridge over SR-241. for. Mountain Pazk Drive. Prior to completion of the Mountain Park Drive bridge over-crossing,. the design for the construction of the SR-241/Weir Canyon Road interchange shall be awarded. Construction of the SR-241/Weir Canyon Road interchange shall be completed prior to issuance of the 421st building permit on the east sideof SR-241. PDF 7-4 The proposed project includes the construction of a bridge over SR-241 for Mountain Park Drive. Prior to opening of models for development aeeas east of SR- 241, the Mountain Park Drive over-crossing construction shall be completed. MM 7-1 Prior to issuance of the first building permit, the property owner/developer shall make one lump sum payment for the fair shaze of the cost to the City of Anaheim for implementation of the following roadway and intersection improvements. Evidence of payment shall be provided to the Department of Public Works. • Weir Canyon Road/i,a Palma Avenue Intersection - (1) Add a third. northbound through lane and convert southbound right-turn lane to shared third through/right-tum lane; and (2) convert the second eastbound through lane to a shazed second through/second right-tum lane (this would require eliminating the. existing eastbound right-tum .green arrow overlap with the northbound left-turn movement). The first improvement is committed to be constructed before the year 2010 by the. Cities of Anaheim and Yorba Linda using secured Orange County Measure M funds and expected. matching local funds from the City: of Yorba. Linda and the City of Anaheim Redevelopment Agency. The property owner/developer is responsible for paying its fair shaze of the funds that have yet to be allocated by the City of Anaheim. The second improvement is not funded and the property owner/developer shall be responsible for paying its fair shaze of the entire cost of the improvement. The project shaze of future AM and PM peak hour traffic at this intersection under Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 49 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 37 percent. • Weir Canyon Road between La Palma Avenue and SR 91 Improve the operations of the section of roadway at SAVI Ranch Road/Weir Canyon Road through geometric improvements, adding directional signage and providing an interconnected signal to optimize traffic movement progression within the mid-block segment. This improvement is committed to be implemented by the Cities of Anaheim and Yorba Linda before. the Yeaz 2010 using secured OCTA Measure M funds and matching local funds that have yet to be allocated. The property owner/developer is responsible for paying its fair shaze of the funds that have yet to be allocated by the City of Anaheim. The project share of future AM and PM peak hour traffic on this roadway under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 30 percent. • Weir Canyon Road/Santa Ana Canyon Road Intersection Convert eastbound third through lane to third left-turn lane. The property owner/developer shall be responsible for paying its fair shaze of the entire ', cost of the. improvement as determined by the Department of Public Works. The project shaze of future AM and PM peak hour traffic at this intersection under 2025 MPAH build-out conditions with the East Orange GPA and MPAH Amendments is approximately 35 percent. The City of Anaheim shall monitor the Level `of Service at this intersection at a minimum every two yeazs and; per the" requirements of the OCTA Measure M funding, is committed to funding the remaining costs of the improvements at such time as the improvements are deemed necessary to ', provide an acceptable Level of Service D at this location. MM 7-2 Prior to approval of street improvement plans for Mountain Pazk Drive, the property owner/developer shall provide a final roadway design plan to the Department of Public Works with Mountain Pazk Drive designed to Modified Hillside Collector standazds and with curvilineaz alignments that provide adequate sight distance for safety purposes as approved by City Engineer: MM 7-3 Prior to the approval of each development azea plan, the property owner/developer shall submit a traffic phasing plan. The plan shall be reviewed and approved by the Department of Public Works, Development Services Division and Traffic Engineering Division, and the Fire Department. The plan shall also be submitted for review and comment by Caltrans if any portion of the plan involves Caltrans facilities: The plan shall include the following items: 1. Documentation of the number of units and product types of each development area, and resulting Level of Service (LOS) shall be provided for locations listed in PDF 7-2. Mountain Pane Speclnc Plan Amendment Findings of FacUSlatement of Overriding Considerations Page 50 2. Phasing of roadway construction, specifying which roads shall be constructed as backbone streets and which roads shall be constructed with tract development: 3. Traffic improvements (including signals, signage and striping) to local streets, arterials and intersections, freeway interchanges and bridge over-crossings. 4. Identification of measures that will be incorporated to minimize the impacts of project construction traffic on Gypsum Canyon Road between the SR-91 westbound off-ramp and Santa Ana Canyon Road; Gypsum Canyon Road/SR-91 interchange ramps;.and Santa Ana Canyon Road between Gypsum Canyon Road and Weir Canyon Road prior to completion of the improvements listed in PDF 7-2. MM 7-4 Prior to approval of a grading plan for each development azea, the property owner/developer shall submit a traffic control plan including construction haul routes, duration and location of lane closures, and any pedestrian-related impacts to sidewalks and intersection crossings, for review and approval by the Department of Public Works, Development Services Division and Traffic Engineering Aivision. Reference: EIR § 4.7; Traffic and Circulation Technical Report (Appendix G) H. Air Quality 1. Environmental Impact: Short-Term Construction-Related Emissions. As discussed in Section 4.8 of the E1R, the proposed project would result in short-term construction-related air emissions that would be considered a significant and unavoidable impact. Implementation of mitigation measures contained in the EIR would reduce such impacts but not to a less than significant level. Finding: Changes or alterations have been required in or incorporated into the project which will lessen the significant environment short-term construction related effects of the project related to air quality. These changes or alterations, however, will not reduce this impact to below a level of significance and the project is expected to have both a direct and a cumulative significant adverse impact on short-term construction-related aif emissions. The City fords that there aze no other feasible mitigation measures that would mitigate the impact to below a level of significance, and that specific economic, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section VII of these Findings. (Public Resources Code Section 21081(a)(3); Guideline Section 15091(a)(3)). As described in the Statement of Ovemding Considerations in Section XI of these Findings, the City has determined that this impact is acceptable because of specific overriding considerations. Facts in Support of Finding: a. As discussed in Section 4.8 and Appendix H of the EIR, which are incorporated by reference herein, temporary .air quality impacts may occur during the site grading, prepazation and construction activities required to construct the proposed project. Major sources of emissions include exhaust and reactive organic gas generated during site prepazation and construction, and fugitive dust generated as a result of soil disturbances during grading. Mountain Park Specific Plan Amendment Findings of FacVStalemenl of Ovemding Considerations Page 51 b. Grading would be the construction activity that would generate the highest levels ofproject-related air pollutant emissions. It is possible that phased grading will begin. on the azea east of SR-241 prior to the completion of grading for the azea west of SR-241, which would result in grading occurring in two azeas of the project site at the same time with two separate sets of grading equipment. As described in Table 4.8-10 of the EIR, peak air pollutant emissions estimates represent the highest potential level of construction-related air emissions attributable to the proposed project. On a peak construction day, the proposed project would exceed the SCAQMD's Thresholds of Significance for CO, ROG, NOx and PM10 and would expose sensitive receptors to these pollutants. Short-term construction-related emissions of CO, ROG, NOx and PM10 would remain significant and unavoidable after mitigation. c. The project will be required to comply with South Coast Air Quality Management District (SCAQMD) Rule 402, which prohibits air pollutants from being a nuisance offsite. The project will also be required to comply with SCAQMD Rule 403, which requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emissions source. Asa "large project" under SCAQMD Rule 403, the project will also be required to implement additional measures, including notifying the SCAQMD, maintaining records of dust control activities, installing project signage that meets the standards of the Rule 403 Implementation Handbook, and identifying a dust control supervisor for the project. Further, Rule 403 requires track out control measures that the project shall comply with. These mitigation measures will reduce construction related air quality impacts, but not below a level of significance.. d. The project will be required to implement feasible construction emission control mitigation measures, including: using ]ow emission mobile construction equipment (the lowest polluting equipment currently available), maintaining construction equipment engines and keeping them tuned, using low-sulfur. fuel for stationary construction equipment, using existing power sources where feasible, configuring construction pazking to minimize traffic interference, minimizing obstruction of through-traffic lanes, scheduling construction operations affecting traffic for off-peak hours, and developing a traffic plan to minimize traffic flow interference from construction activities. In addition, the following measures are currently infeasible, but if they become reasonably commercially available will be used by the project: aqueous diesel fuel, cooled exhaust gas recirculation.. These mitigation measures will reduce construction related air quality impacts, but not below a level of significance. e. The City has determined that there aze no other feasible mitigation measures to reduce construction-related air quality impacts to below a level of significance. Mitigation Measures: The following Mitigation Measures (MM) aze incorporated herein and shall be conditions of project approval: MM 8-1 Prior to approval of the first grading plan, the following requirements shall be incorporated into the Storm Water Pollution Prevention Program (SWPPP) and Erosion and Sedimentation Control Plan submitted for review and approval by .the Department of Public Works. During construction of the proposed project, the property owner/development and its contractors shall be required to comply with regional rules, which Mountain Park Specific Plan Amendment Findings of FacVStalement of Overriding Considerations Page 52 shall assist in reducing short-term air pollutant emissions. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off-site. SCAQMD Rule 403 requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Two options aze presented in Rule 403: monitoring of particulate concentrations'or active control. Monitoring involves a sampling network azound the project with no additional control measures unless specified concentrations aze exceeded. The active control option does not require any monitoring, but requires that a list of measures be implemented starting with the first day of construction. Rule 403 requires that "No person conducting active operations without utilizing the' applicable best available control measures included in Table 1 of this Rule to minimize Fugitive dust emissions from each fugitive dust source type within the active operation:" The measures from Table 1 of Rule 403 aze provided in Attachment B. The applicable measures presented in Table 1 are required to be implemented by Rule 403'. Rule 403 requires that "Large Projects" implement additional measures. A Large Project is defined as "any active operations on property which contains 50 or more acres of disturbed surface azea; or any earth-moving operation with a daily earth-moving or throughput volume of 3,850 cubic meters (5,000 cubic yards) or more three times during the most recent 365 day period. Grading of the project would be considered a Lazge Project under Rule 403. Therefore, the project shall be required to implement the applicable actions specified in Table 2 of the Rule. Table 2 from Rule 403 is presented in Attachment B. As a Large Operation, the project shall also be required to: • Submit a fully executed Lazge Operation Notification (SCAQMD Form 403N) to the SCAQMD Executive Offices within 7 days of qualifying as a Lazge operation; • Include, as part of the notification, the name(s), address(es), and phone number(s) of the person(s) responsible for the submittal, and a description of the operation(s), including a map depicting the location of the site; • Maintain daily records to document the specific dust control actions taken, maintain such records for a period of not less than three years; and make suchYecords available to the Executive Officer upon request. • Install and maintain project signage with project contact signage that meets the minimum standazds of the Rule 403 Implementation Handbook, prior to initiating any earthmoving activities. • Identify a dust control supervisor that is employed by or contracted with the property owner/developer, is on the site or available on-site within 30 minutes during working hours, has the authority to expeditiously employ sufficient dust mitigation measures to ensure compliance with all Rule requirements, and has completed the AQMD Fugitive Dust Control Class and has been issued a valid Certificate of Completion for the class. Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 53 Notify the SCAQMD Executive Officer in writing within 30 days after the site no longer qualifies as a lazge operation.. Rule 403 also requires that the construction activities "shall not cause orallow. PM10 levels exceed 50 micrograms per cubic meter when determined by simultaneous sampling, as the difference between upwind and down wind sample." Large Projects that cannot meet this performance standazd aze required to implement the applicable actions specified in Table 3 of Rule 403. Table 3 from Rule 403 is presented in Attachment B. Rather than perform monitoring to determine conformance with the performance standard, which will not reduce PM10 emissions, the project shall implement all applicable measures presented in Rule 403 Table 3 regardless of conformance with the Rule 403 performance standard. This potentially results in a higher reduction of particulate emissions than if these measures were implemented only after being determined to be required by monitoring. Further, Rule 403 requires that that the project shall not "allow track-out to extend 25 feet or more in cumulative length from the point of origin from an active operation." All track-out from an active operation is required to be removed at the conclusion of each workday or evening shift. Any active operation with a disturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk materials must utilize at least one of the measures listed in Attachment B at each vehicle egress from the .site to a paved public road. MM 8-2 Prior to approval of grading plans, the property owner/developer shall include the following notes on the contractor specifications submitted for review and approval by the Department of Fublic Works: "To reduce construction equipment emissions, the following measures shall be implemented when feasible. • Use low emission mobile construction equipment. The property owner/ developer shall comply with CARB requirements for heavy construction equipment. • Maintain construction equipment engines by keeping them tuned. Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Utilize existing power sources (i.e., power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators. • Co~gure construction pazking to minimize traffic interference. • Minimize obstruction of through-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets aze kept to a minimum. • Schedule construction operations affecting traffic for off-peak hours. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 54 • Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of _ routing, use of public transportation and satellite pazking areas with a shuttle service. • Use aqueous diesel fuel where feasible and reasonably commercially available: • Use cooled exhaust gas'recirculation (EGR) where feasible and reasonably commercially available. MM 8-5 Prior to commencement of grading activities in Development Area 3, the property owner/developer shall' install asix-foot chain link fence with scrim along the northwestern property boundary. The fence shall be installed between Weir Canyon Road and Oak Canyon Drive. Proof of installation (letter from the property owner/developer and photographs of the fence) shall be submitted to and verified by the Public Works Department. Several of the mitigation measures listed above aze advanced emission control technologies, which aze currently not commercially available. For example, aqueous diesel fuel reduces NOX formation by reducing combustion temperatures, resulting in lower NOX emissions. According to the SCAQMD, the current availability of this fuel technology is limited, and it may not be available for use for the project. In addition, with EGR diesel engines, a small amount of hot exhaust gas is routed through a cooler and mixed with fresh air entering the engine. The exhaust gas helps reduce the temperature during combustion, which lowers the formation of thermal NOX. EGR technology is in the development phase, and has not been fully commercialized: To the extent that the advanced emissions control technologies become reasonably commercially available, or are requiredby the CARB from grading contractors, then such advanced emissions control technologies shall be used. Reference: EIR § 4:8; Air Quality Technical Report (Appendix I-I). 2. Environmental ImpactcLone-Term Operational Emissions. As discussed in Section 4.8 of the EIR, the. proposed' project would result in long-term operational air emissions that would be considered a significantand unavoidable impact: Finding: Changes or alterations have been required in or incorporated into the project which will lessen the significant environment effects of the project related to air quality. These changes or alterations, however, will not reduce this impact to below a level of significance and the project is expected to have both a direct' and a cumulative significant adverse impact on long-term operational air emissions. The City finds that there are no other feasible mitigation measures that would mitigate the impact to below a level of significance, and that specific economic, social, technological or other considerations, including considerations for the provision of employment opportunities 'for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section VII of these Findings. (Public Resources Code Section 21081(a)(3); Guideline Section 15091(a)(3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because of specific overriding considerations. Mountain Park Specifc Plan Amendment Findings of FacVStatement of Overriding Considerations Page 55 Facts in Support of Finding: a. As discussed in Section 4.8 and Appendix H of the EIR, which"are incorporated by reference herein, the project will have a significant long-term adverse impact during operations regarding emissions of CO, ROG and NOx. The primary source of operational emissions generated by the project will be from motor vehicles, with other emissions occurring from the combustion of natural gas for heating and the use of consumer products. b. The property owner/developer will be required to reduce operation-related impacts through implementation of the practices identified in SCAQMD's CEQA Handbook and the URBEMIS2002 model. The practices include, where feasible: installing solar or low- emissions water heaters, using central water-heating systems, using built-in energy-efficient appliances, and ensuring that sidewalks and pedestrian paths aze installed throughout the project azea. These mitigation measures will reduce operations-related air quality impacts, but not below a level of significance.. o, All project buildings shall comply with Title 24, Part 6, California's Energy Efficiency Standazds for Residential and Nonresidential Buildings. This will reduce the need to heat or cool structures by improving thermal integrity and will result in a reduced expenditure of energy and an associated reduction in pollutant emissions. These mitigation measures will reduce operations-related air quality impacts, but not below a level of significance. d. The City has determined that .there aze no other feasible mitigation measures to reduce operations-related air quality impacts to below a level of significance. Mitigation Measures: The following Mitigation Measures (MM) incorporated herein and shall be conditions of project approval: MM 8-3 The property owner/developer shall reduce operation-related emissions through implementation of practices identified in SCAQMD's CEQA Handbook and the URBEMIS2002 model. SCAQMD's CEQA Handbook includes several measures that can be used to minimize emissions. associated with residential projects. In addition, the URBEMIS2002 model identifies several measures,. some of which overlap those in the CEQA Handbook.. The following measures, based on these sources, shall be implemented by the property owner/developer and contractors, where feasible to reduce criteria pollutant emissions from stationary sources duectly related,to the project. Said measures shall be included on plans submitted for residential building permits: • install solaz or low-emission water heaters; • use central water-heating systems; • use built-in, energy-efficient appliances; and • ensure that sidewalks and pedestrian paths ace installed throughout the project area: Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations .Page 56 MM 8-4 All buildings shall comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. Any necessary written evidence and/or standard ` " details demonstrating compliance with Title 24, Part 6, shall be included on plans submitted for building permits. MM 8-5 Prior to commencement of grading activities in Development Area 3, the property owner/developer shall install asix-foot chain link fence with scrim along the northwestern property boundary. The fence shall be installed between Weir Canyon Road and Oak Canyon Drive. Proof of installation: (letter from the property owner/developer and photographs of the fence) shall be submitted to and verified by the Public Works Department, Reference: EIR § 4.8; Air Quality Technical Report (Appendix H): 3. Environmental Impact: Cumulative Impacts: Sensitive Receptors. As discussed in Section 4.8 of the E1R, the proposed project would result in air emissions that would be considered a significant and unavoidable cumulative impact and significant and unavoidable impacts to sensitive receptors. Finding: Changes or alterations have been required in or incorporated into the project which will lessen the significant environment effects of the project related to air quality. These changes or alterations; however', will not reduce this impact to below a level of significance and the project is expected to have a cumulative significant adverse air quality impact and a significant impact regarding exposing sensitive receptors to pollutants that exceed SCAQMD thresholds. The City finds that there aze no other feasible mitigation measures that. would mitigate these impacts to below a level of significance, and that specific economic, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section VII of these Findings. (Public Resources. Code Section 21081(a)(3); Guideline Section 15091(a)(3)). As described in the Statement of Overriding Considerations, the City has determined that these impacts are acceptable because of specific overriding. considerations. Facts in Support of Finding: a. As discussed in Section 4.8 and Appendix H of the EIR, which are incorporated by reference herein, the project will contribute to a significant cumulative impact regazding CO, NOx, PM10, and ROG and a significant impact regazding exposing sensitive receptors to CO, NOx, PM10, and ROG. b. The property owner/developer will be required to reduce operation-related impacts through implementation of the practices identified in SCAQMD's CEQA Handbook and the URBEMIS2002 model. The practices include, where feasible: installing solaz or low- emissions water heaters, using central water-heating systems, using built-in energy-efficient appliances, and ensuring that sidewalks and pedestrian paths aze installed throughout the project area. These mitigation measures will reduce cumulative air quality impacts and the impacts to sensitive receptors, but not below a level of significance. Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 57 c. All project buildings shall comply with Title 24, Part 6, California's Energy Efficiency Standazds for Residential and Nonresidential Buildings. This will reduce the need to heat or cool structures by improving thermal integrity and will result in a reduced expenditure of energy and an associated reduction in pollutant emissions. These mitigation measures will reduce cumulative air quality impacts and the impacts to sensitive receptors, but not below a level of significance. d: The project will be required to comply with South Coast Air Quality Management District (SCAQMD) Rule 402, which prohibits air pollutants from being a nuisance offsite. The project will also be required to comply with SCAQMD Rule 403, which requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emissions source. Asa "large project" under SCAQMD Rule 403, the project will also be required to implement additional measures, including notifying the SCAQMD, maintaining records of dust control activities, installing project sfgnage that meets the standards of the Rule 403 Implementation Handbook; and identifyinga dust control supervisor for the project. Further, Rule 403 requires track out control' measures that the project shall comply with. These mitigation measures will reduce cumulative air quality impacts and the impacts to sensitive receptors, but not below a level of significance. e. The project will be required to implement feasible construction emission control mitigation measures, including: using low emission mobile construction equipment (the lowest polluting equipment currently available), maintaining construction equipment engines and keeping them tuned, using low-sulfur fuel for stationary construction equipment, using existing power sources where feasible, configuring construction pazking to minimize traffic interference, minimizing obstruction of through-traffic lanes, scheduling construction operations affecting traffic for off-peak hours; and developing a traffic plan to minimize traffic flow interference from construction activities. In addition, the following measures are currently infeasible, but if they become reasonably commercially available will be used by the project: aqueous diesel fuel, cooled exhaust gas recirculation. These mitigation measures will reduce cumulative air quality impacts and the impacts to sensitive receptors, but not below a level of significance. f. The City has determined that there aze no other feasible mitigation measures to reduce cumulative air quality impacts and impact to sensitive receptors to below a level of significance. Mitigation Measures: The following Mitigation Measures (NIIvI) incorporated herein and shall be conditions of project approval: MM 8-1 Prior to approval of the first grading plan, the following requirements shall be incorporated into the Storm Water Pollution Prevention Program (SWPPP) and Erosion and Sedimentation Control Plan submitted for review and approval by the Department of Public Works. During construction of the proposed project, the property owner/development and its contractors shall be required to comply with regional rules, which shall assist in reducing short-term air pollutantemissions. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off-site. SCAQMD Rule 403 requires that fugitive dust be controlled with the best available control measures so that the presence of such dust does not Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 58 remain visible in the atmosphere beyond the property line of the emission source. Two options aze presented in Rule 403: monitoring of particulate concentrations or active control. Monitoring involves a sampling network around the project with no additional control' measures unless specified concentrations are exceeded: The active control option does not require any monitoring; but requires that a list of measures be implemented starting with the first day of construction: Rule 403 requires that "No person conducting active operations without utilizing the applicable best available control measures included in Table 1 of this Rule to minimize Fugitive dust emissions from each fugitive dust source type within the active operation." The measures from Table 1 of Rule 403 are provided in Attachment B. The applicable measures presented in Table 1 are required to be implemented by Rule 403: Rule 403 requires that "Large Projects" implement .additional measures. A Large Project is defined as "any active operations on property which contains 50 or more acres of disturbed surface area; or any earth-moving operation with a daily earth-moving or throughput volume of 3,850 cubic meters (5;000 cubic yazds) or more three times during the most recent 365 day period. Grading of the project would be considered a Large Project under Rule 403. Therefore; the project shall be required to implement the applicable actions specified in Table 2 of the Rule. Table 2 from Rule 403 is presented in Attachment B. As a Large Operation, the project shall also be required to • .Submit a fully executed Lazge Operation Notification (SCAQMD Form 403N) to the SCAQMD Executive Officer within 7 days of qualifying as a lazge operation; • Include, as part of the notification, the name(s), address(es), and phone number(s) of the person(s) responsible for the submittal, and a description of the operation(s), including a map depicting the location of the site; • Maintain daily records to document the specific dust control actions taken, maintain such records for a period of not less than three yeazs; and make such records available to the Executive Officer upon request. • Install and maintain project signage with project contact sgnage that meets the minimum standazds of the Rule 403 Implementation Handbook, prior to initiating any earthmoving activities: • Identify a dust control supervisor that is employed by or contracted with the property owner/developer, is on the site br available on-site within 30 minutes during working hours, has the authority to expeditiously employ sufficient dust mitigation measures to ensure compliance with all Rule requirements, and has completed the AQMD Fugitive Dust Control Class and has been issued a valid Certificate of Completion for the class. • ' 'Notify the SCAQMD Executive Officer in writing within 30 days after the site no longer qualifies as a large operation. Mountain Park Specific Plan Amendment Findings of factlSlatemenl of Overriding Considerallons Page 59 Rule 403 also requires that the construction activities "shall not cause or allow PM101evels exceed 50 micrograms per cubic meter when determined by simultaneous sampling, as the difference between upwind and down wind sample." Lazge Projects that cannot meef this performance standard are required to implement the applicable actions specified in Table 3 of Rule 403. Table 3 from Rule 403 is presented in Attachment B. Rather than perform monitoring to determine conformance with the performance standard, which will not, reduce PM10 emissions, the project shall implement all applicable measures presented in Rule 403 Table 3 regardless of conformance with the Rule 403 performance standard. This potentially results in a higher reduction of particulate emissions than if these measures were implemented only after being determined to be required by monitoring. Further, Rule 403 requires that that the project shall not "allow track-out to extend 25 feet or more in cumulative length from the point of origin from an active operation." All track-out from an active operation is required to be removed at the conclusion of each workday or evening shift. Any active operation with adisturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk materials must utilize at least one of the measures listed in Attachment B at each vehicle egress from the site to a paved public road: MM 8-2 Prior #o approval of grading plans, the property owner/developer shall include the following notes on the contractor specifications submitted for review and approval by the Department of Public Works: "To reduce construction equipment emissions, the following measures shall be implemented when feasible. Use low emission mobile construction equipment. The property owner/ developer shall comply with GARB requirements for heavy construction equipment. • Maintain construction equipment engines by keeping them tuned. • Use low sulfur fuel for stationary construction equipment. This is required by SCAQMD Rules 431.1 and 431.2. • Utilize existing power sources (i.e., power poles) when feasible. This measure would minimize the use of higher polluting gas or diesel generators. • Configure construction pazking to minimize traffic interference. • Minimize obstruction ofthrough-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets aze kept to a minimum. • Schedule construction operations affecting traffic for off-peak hours. • Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite pazking areas with a shuttle service. Mountain Park Specifc Plan Amendment Findings of FacVStatement of Overriding Considerations Page 60 Use aqueous diesel fuel where feasible and reasonably commercially available. • Use cooled exhaust gas recirculation (EGR) where feasible and reasonably commercially available. MM 8-3 The property owner/developer shall reduce operation-related emissions through implementation of practices identified in SCAQMD's CEQA Handbook and. the URBEMIS2002 model. SCAQIvID's CEQA Handbook includes several measures that can be used to minimize emissions associated with residential projects. In addition, the URBEMIS2002 model identifies several measures, some of which overlap those in the CEQA Handbook. The following measures, based on these sources, shall be implemented by the property owner/developer and contractors, where feasible to reduce criteria pollutant emissions from stationary sources directly related to the project. Said measures shall be included on plans submitted for residential building permits: • install solar or low-emission water heaters; • use central water-heating systems;. • use built-in, energy-efficient appliances; and • ensure that sidewalks and pedestrian paths aze installed throughout the project azea. MM 8-4 All buildings shall comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy .and a reduction in pollutant emissions. Any necessary written evidence and/or standard details demonstrating compliance with Title 24, Part 6, shall be included on plans submitted for building permits. MM 8-5 Prior to commencement of grading.activities in Development Area 3, the property owner/developer shall install asix-foot chain link fence with scrim along the northwestern property boundary. The fence shall be installed between Weir Canyon Road and Oak Canyon Drive. Proof of installation (letter from the property owner/developer and photographs of the fence) shall be submitted to and verified by the Public Works Department. Reference: EIR § 4.8; Air Quality Technical Report (Appendix H). I. Noise Environmental Impact: Short-Term Construction-Related Impacts: Long-Tenn Oneration-Related Imnacts: Interior Noise Levels: Consistencv With Annlicable Noise Standards and Reeulations: Cumulative Imnacts: Off-Site Proiect Feature Impacts; Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.9 of the EIR, any adverse impacts from the project regarding noise will be mitigated to below a level of significance through the implementation of the existing regulations/standard conditions, project design features, and mitigation measures contained in the EIR. Mountain Park Specific Plan Amendment Findings of Fact/Statemenl of Overriding Considerations Page 61 Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental. effects regarding noise to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: The EIR discusses potential impacts regarding noise in Section 4.9; which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the. proposed project regarding noise would be less than significant with the implementation of the existing regulations/standazd conditions; project design features, and mitigation measures required by the EIR. Mitigation Measures: The following Project Design Feature (PDF), Standard Conditions (SC), and Mitigation Measures (MM) aze incorporated herein and shall be conditions of project approval: SC 9-1 Prior to approval of grading plans and/or prior to issuance of building permits, plans shall include a note indicating that noise-generating project construction activities in the City of Anaheim shall not occur between the hours of 7:00 p.m. and 7:00 a.m. This requirement applies to construction activities within 3,000 feet of residential uses, consistent with the City of Anaheim Noise Ordinance. SC 9-2 Prior to` approval of grading' plans and/or prior to issuance of building permits, plans shall include a note indicating that noise-generating project construction activities north of SR-91 in the City of Yorba Linda shall not occur between the hours of 8:00 p.m: and 7:00 a.m. Monday through Saturday and at any time on Sunday or federal holidays, consistent with the City of Yorba Linda Noise Ordinance. PDF 9-1 The Mountain Pazk Speciftc Plan includes a conceptual grading plan. The conceptual grading plan includes berms in the following locations as shown on Exhibit 4.9-7 of the Draft EIR (included in Attachment A) that would reduce exterior noise levels in azeas behind the berms to less than 65 CNEL. Prior to the approval of grading plans for development areas that require sound attenuation measures, the property owner/developer shall submif grading plans to the Department of Public Works that demonstrate conformance with the conceptual grading plan included in the .Specific Plan, including the following: • Ten to 40 foot high berms (above pad elevation) along SR-241 in Development Area 4. • Intermittent berms with heights 10 to 20 feet above pad elevations aze also included along SR-91 in Development Area 5. Final berm design shall be shown on precise grade permits for specific builder projects. MM 3-3 Prior to the commencement of any blasting activities, the property owner/ developer shall submit a blasting plan prepazed by a qualified blasting specialist to the Fire Department and Department of Public Works for review and approval. A blasting permit shall be obtained from the Fire Department. A copy of the approved blasting plan shall be submitted to the Planning Department. The property owner/developer shall be responsible for all Mountain Park Specific Plan Amendment - Findings of FacUStatement of Overriding Considerations Page 62 costs associated with the prepazation of the blasting plan to the satisfaction of the Fire Department. The blasting plan shall be prepared in accordance with the United States _ _. Department of Interior, Office of Surface Mining (USOSM) standards and shall include, but not be limited to the following: a. Pre-blast survey b. Site and location of planned blasting and hours of operation (blasting to be conducted during the daylight hours only) c. Notification of blasting activities to all property owners within one-half mile of the blasting area, which may include (depending on location of blasting) private residents; Caltrans, the County of Orange, the City of Yorba Linda and any other persons/agencies determined appropriate by the Fire Department. This notification shall describe expected period and frequency thaf the blasting shall occur and give a contact phone number for any questions or complaints: All complaints shall be responded to in a method deemed satisfactory to the City of Anaheim Planning Director. d, Types and amounts of explosives e. Warning system information f. Methods of transportation and handling of explosives g. Minimum acceptable weather conditions h. Procedures for handling, setting, wiring and firing explosives i. Procedures for clearing and controlling access to blast danger j. Procedures for handling misfires and other unusual occurrences k. Emergency action plan 1. Material safety data sheet for all explosives or other hazardous materials expected to be used. m. Compliance with local, state and federal laws n: Measures to assess; control, and monitor noise and ground vibration from blasting, including: The project contractor shall use current state-of--the-art technology to keep blast-related vibration and air blast at off-site residential and other occupied structures as low as possible, consistent with blasting safety. In no instance shall blast vibration or air blast, measured on the ground adjacent to a residential or other occupied structure, be allowed to exceed the frequency dependent limits contained in the USOSM regulations. Mountain Park Specific Plan Amendment Findings of FacUStatemenl of Overriding Considerations Page 63 • The project contractor shall use a blasting seismograph to monitor and record air blast and vibration for blasts within 1,000 feet of residences,and other occupied structures to verify that measured levels are within the recommended limits (as determined under the USOSM regulations) at those locations. If blasting is found to exceed specified levels, blasting shall cease, and alternative blasting or excavation methods that result in the specified levels not being exceeded shall be employed. • Air blast and vibration monitoring shall take place at the nearest off-site residential or other occupied structure. If vibration levels are expected to be lower than those required to trigger the seismograph at that location, or if permission cannot be obtained to record at that location, recording shall be accomplished at some closer site in line with the structure. Specific locations and distances where air blast and vibration are measured shall be documented in detail along with measured air blast and vibration amplitudes. MM 9-1 Prior to the approval of grading plans for Development Areas 3, 4, 5, and 7, a detailed acoustical analysis shall be prepared by a qualified acoustical consultant and submitted to the Planning Department for review and approval. This acoustical analysis shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The final precise grading plans shall incorporate the noise barriers (wall, berm or combination wall berm) required by the analysis and the property owner/developer shall install these barriers. Based on the preliminary analysis, noise bamers of the heights shown in Exhibit 4.9 7 of the Draft EIR (included in Attachment A) would reduce exterior noise levels at on-site residences to acceptable levels: MM 9-2 Prior to issuance of building permits for all buildings in the aeeas indicated in Exhibit 4.9-8 of the Draft EIR (included in Attachment A), documentation shall be provided to the Planning Department, Building Division showing that the building meets the ventilation standazds required by the Anaheim Building Code with windows closed. Alternatively, the property owner/developer shall show that based on the buildings location relative to the roadway it meets the appropriate interior noise standard with open windows. MM 9-3 Prior to issuance of building permits, a detailed acoustical study using architectural plans shall be prepazed by a qualified acoustical consultant and submitted to the Planning Department, Building Division for residential structures (including the residential portion of the fire station) in the areas indicated in Exhibit 4.9-9 of the Draft EIR (included in Attachment A). This report shall describe and quantify the noise sources impacting the building(s), the amount of outdoor-to-indoor noise reduction provided in the azchitectural plans, and any upgrades required to meet the City's interior noise standazds (45 CNEL for residences). The measures described in the report shall be incorporated into the architectural plans for the buildings and implemented with building construction. MM 9-4 Prior to the issuance of building permits for the water pump station, a detailed noise assessment shall be prepared by a qualified acoustical consultant and submitted to the Planning Department for review and approval. The assessment shall utilize Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 64 noise data provided by the manufacturer(s) of the equipment utilized at the station or noise measurements from substantially similaz facilities to project noise levels at the residences in the_„__. vicinity of the water pump station. Compliance with the City's Noise Ordinance shall be demonstrated and any measures required to meet the Noise Ordinance shall be described and incorporated into the plans for the water pump station. Reference: EIR § 4.9; Noise Technical Report (appendix I). J. Hazards and Hazardous Materials Environmental Impact: Release of Hazardous Materials; Hazazdous Impacts: Off-Site Project Feature Impacts; Caltrans-Related Project Feature Impacts. As discussed in Section 4.10 of the EIlZ, any adverse impacts from the project regarding hazazds and. hazazdous materials will be mitigated to below a level of significance. through the implementation of the project design features and mitigation measures contained in the EIR. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding hazazds and hazazdous materials to below a level of significance.. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in' Support of Finding: The EIR discusses potential impacts regarding hazardous materials in Section 4.10, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed'project regarding hazazds and hazazdous materials would be less than significant with the implementation of the project design features and mifigation measures required by the EIR. Mitigation Measures: The following Project Design Features (PDF) and Mitigation Measures (MM) are incorporated herein and shall be conditions of project approval: PDF 10-1 Prior to the approval of the first tentative tract or pazcel map, the property owner/developer shall enter into an agreement (Fire Protection Agreement) with the City of Anaheim. This agreement shall specify the property owner/developer's pro-rata fair shaze funding pf capital improvements necessary to establish adequate fire protection facilities and equipment to service the proposed development. The property owner/developer shall be 7esponsible for paying fees or otherwise providing for the design, construction and famishing of the fire station, including all fire appazatus necessary to fully equip the fire station per the City's specifications, to adequately serve the project. The property owner/ developer shall also be responsible for dedicating a pazcel for development of the fire station in the location specified in Exhibit 3-4 of the Draft EIR (Development Plan) included in Attachment A. The fire station facility shall be constructed and operational prior to the issuance of the first building permit for any development area east of the SR 241, or as otherwise required by the Fire Department in the Fire Protection Agreement. Mountain Padc Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 65 PDF 10-2 Prior to submittal of the first tentative tract or parcel map or approval of the first grading plan, whichever occurs first, the property owner/developer, hall submit a final Fire Master Plan (FMP) to the Fire Department for review and approval to ensure that fire protection for each Development Area is in accordance with Fire Department requirements. The final FMP shall be in substantial conformance with the preliminary FMP (Appendix R of the EIR). A copy of the approved Fire Master Plan shall be submitted to the following City Departments: Planning, Police and Public Works. PDF 10-3 The Mountain Pazk Specific Plan includes conceptual fuel modification strategies. Prior to submittal of each tentative tract or pazcel map or grading plan, whichever occurs first, fuel modification plans shall be submitted to the Fire Department for review and .approval. The fuel modification plan shall be prepared in accordance with the provisions of the California Fire Code in effect at the time of submittal of the tentative tracf or pazcel map and be based upon the criteria set forth in the City of Anaheim Fire Department Fuel Modification Plan Guidelines. Prior to final Certificate of Occupancy for the first building in each Development Area fuel modification zones shall be installed and inspected insubstantial conformance with the approved plans to the satisfaction of the Fire Department. MM 10-1 The Robertson's Ready Mix Quarry area will not be developed until .after reclamation and remediation aze complete. Based bn the Environmental Site Assessments performed for the project site (included in Appendix .T), it is not anticipated that any underground storage tanks, septic'systems, leach fields, or significant'soil contamination will be encountered during construction, as construction shall occur after remediation and reclamation aze complete. During grading activities, in the event these subsurface features or contaminated soil are encountered, work shall immediately cease in the azea and the property owner/developer. shall notify the Fire Department and Public Utilities, Environmental .Services Division, and retain a qualified hazazdous materials engineer to assess the. impacts and prepare a response plan using the risk-based cleanup standazds of the City of Anaheim and the Orange County Health Caze Agency, and any appropriate guidelines issued by the California Enviromnental Protection. Agency, Department of Toxic Substance Control, and the United States Environmental Protection Agency, applicable to residential land use. Upon approval of the response plan by the Fire Department, as applicable, the engineer shall .obtain any required permits, oversee the removal of such features. and/or conduct the response work to the satisfaction of the Fire Depaztment or other. agency, as applicable, until closure status is attained." MM 10-2 Prior to approval of grading plans within an azea. in which the Southern Trails Pipeline is located or is proposed to be relocated within the grading plan boundaries, the property owner/developer shall obtain the approval of the Questaz Pipeline Company. Written evidence of this approval shall be submitted to the Department of Public Works. MM 10-3 Prior to approval of any grading plans within a development azea wherein the Southern Trails Pipeline exists or is proposed to be relocated, the property owner/developer shall submit a safety plan to the Fire Department. if there aze any environmental concerns relating to developing adjacent to the pipeline or relocating it identified during subsequent reviews, the property owner! developer shall be responsible for financing/implementing any necessary mitigation measures. The safety plan shall be consistent Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overtiding Considerations Page fib with safety regulations adopted by the Fire Department and shall also be consistent with the requirements of MM 10-4. The safety plan shall be reviewed by the Questaz Pipeline Company and approved by the Fire Department. Relocation of the pipeline shall occur at no cost to the City. MM 10-4 Prior to issuance of building permits, the property owner/developer shall provide written evidence to the Public Utilities Department that the relocated Southern Trails Pipeline has been inspected and approved by the California Public Utilities Commission (CPUC). Reference: EIR § 4.10; Environmental Site Assessment (Appendix J). K. Population and Housing Environmental Impact: , Population and Employment Growth: Housing Consistency With Applicable Plans, Policies or Regulations; Cumulative Impacts; Off-Site. Praiect Feature Impacts; Caltrans-Related Project Feature Impacts. As discussed in Section 4.11 of the EIR, no significant impacts regazding population and housing were identified in the EIR. Finding: The proposed project will have no significant adverse effects regarding population and housing, and no mitigation is required. Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding: The EIR discusses potential impacts regazding population and housing. in Section 4.11, which is incorporated by reference herein. The EIR determined that all 'direct and cumulative impacts regazding population and housing would be less than significant without mitigation. Mitigation Measures: No mitigation is required Refereuce: EIR § 4.11. L. Public Services and Utilities Environmental Impact: Fire Protection Services; Police Services; Schools and Impacts; Caltrans-Related Project Feature Impacts. As discussed in Section 4.12 of the EIR, any adverse impacts from the project regazding public services and utilities will be mitigated to below a level of significance through the implementation of the existing regulations/standard conditions, project design features, and mitigation measures contained in the EIR. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding public services and utilities to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 67 Facts in Support of Finding: The EIR discusses potential impacts regarding public services and utilities in Section 4.13, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regarding public services and utilities would be less than significant with the implementation of.the existing regulations/standard conditions, project design features, .and mitigation measures required by the EIR. ' Mitigation Measures: The following Project Design Features (PDF), Standard Conditions (SC), and Mitigation Measures (MM) are incorporated herein and shall be conditions of project approval: Fire Protection SC 12-1 Prior to approval of each tentative tract or parcel map, the property owner/ developer shall demonstrate that the map has been prepared in compliance with applicable provisions of the Anaheim Municipal Code and the Mountain Park Specific Plan relevant to fire prevention and suppression, subject to the review and approval of the Fire Department. PDF 10-1 Prior to the approval of the first tentative tract oi• pazcel map, the property owner/developer shall enter into an agreement (Fire Protection Agreement) with the City of Anaheim. This agreement shall specify the property owner/ developer's pro-rata fair shaze funding of capital improvements necessary to establish adequate fire protection facilities and equipment to service the proposed development. The property owner/developer shall be responsible for paying fees or otherwise providing for the design, construction and furnishing of the fire station, including ali fire appazatus necessary to fully equip the fire station per the City's specifications, to adequately serve the project. The property owner/ developer shall also be responsible for dedicating a pazcel for development of the fire station in the location specified in Exhibit 3-4 of the Draft EIR (Development Plan) included in Attachment A. The fire station facility shall be constructed and operational prior to the issuance of the first building permit for any development area east of the SR 241, or as otherwise required by the Fire Department in the Fire Protection Agreement. PDF 10-2 Prior to submittal of the first tentative tract or parcel map br approval of the first grading plan, whichever occurs first, the property owner/developer shall submit a final Fire Master Plan (FMP) to the Fire Department for review and approval to ensure that fire protection for each Development Area is in accordance with Fire Department requirements. The final FMP shall be in substantial conformance with the preliminary FMP (Appendix R of the EIR). A copy of the approved Fire Master Plan shall be submitted to the following City Departments: Planning, Police and Public Works. PDF 10-3 The Mountain Park Specific Plan includes conceptual fuel modification strategies. Prior to submittal of each tentative tract or pazcel map or grading plan, whichever occurs first, fuel modification plans shall be submitted to the Fire Department for review and approval. The fuel modification plan shall be prepared in accordance with the Mountain Park Specific Plan Amendment Findings of Facct/Stalement of Overriding Considerations Page 68 provisions of the California Fire Code in effect at the time of submittal of the tentative tract or pazcel map and be based upon the criteria set forth in the City of Anaheim Fire Department Fuel; _ Modification Plan Guidelines. Prior to final Certificate of Occupancy for the. first building in each Development Area fuel modification zones shall be installed and inspected in substantial conformance with the approved plans to the satisfaction of the Fire Department., Police Protection SC 12-2 Prior to issuance of the first building permit for each building with attached units, or prior to issuance of a building permit for each detached building, the property owner/developer shall pay the Police Facilities Capital Improvement Fee in effect at the time of issuance of the building permit; or, if the fee has not been adopted at the time of issuance of the first building permit, the payment of an amount estimated by the City of Anaheim Police Department to be the approximate fair share .attributable to the project for police. services. Schools PDF 12-1 Prior to the approval of the first tentative tract or parcel map in Development Area 3, the map shall provide for a minimum 10-acre site reserved for the purchase and construction of an elementary school by the Orange Unified School District. The property owner/developef shall provide the Planning Department with adequate proof that, in defining the boundaries of the school site area, the property owner/developer has complied with the provisions of the School Impact Mitigation Agreement (Appendix K of the Draft EIR) dated December 16, 2004 between Irvine Community bevelopment Company and the Orange. Unified School District, or any subsequent agreement entered into between the property owner/developer and the Orange Unified School District. SC 12-3 The property owner/developer has entered into a School Impact Mitigation Agreement (Appendix K of the Draft EIR), with the Orange Unified School District in order to mitigate impacts to the school district associated with the Mountain Park development. This Mitigation Agreement fully mitigates any impacts to the school district in compliance with SB 50. Evidence that this agreement has been executed shall be submitted to the Planning Department prior to the issuance of the first building permit, or fees shall be paid in compliance with SB 50, prior to the issuance of each building permit. Water Service PDF 12-2 The Mountain Pazk Specific Plan includes a Water System Sub Area Master Plan (SAMP) (refer to Exhibit 3-11 of the Draft EIR included in Attachment A). Prior to approval of each tentative tract or pazcel map, the property owner/developer shall submit water improvement plans. prepazed in conformance with the SAMP to the Public Utilities Department for review and approval. The property owner/developer shall extend and construct the necessary water lines, pump stations, and reservoirs to serve development phases prior to connecting to the City's water system. PDF 12-3 Irrigation systems within the Mountain Pazk Specific Plan area shall be controlled by automatic programmable irrigation controllers that utilize California Irrigation Management System (CIMS) Data to adjust water times and durations based on daily Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 69 evapotranspiration) data. Prior to approval of landscape plans; the property owner/developer shall provide verification in the form of notes on the plans to the Public Utilities Department, Water Engineering Division, that the irrigation system is in conformance with the system identified in the SAMP. Public Utilities Department shall confirm that it is in conformance with the irrigation system identified in the SAMP. Community wide irrigation control shall be provided by a centralized irrigation control system designed to sepazately valve ~hydrozones based on plant water requirements, exposure and terrain characteristics. All systems shall utilize matched precipitation rate nozzles and emitters for precise water application, adjustable low angle nozzles to reduce overspray, check valves to reduce low head drainage, and master valves to minimize water loss in the event of a line break or valve malfunction. SC 12-4 In accordance with the requirements of SB 221, prior to approval of tentative tract or pazcel maps, the property owner/developer shall request that the Public Utilities Department provide water verification studies confirming that sufficient water supply is available for the proposed uses, in compliance with the approved Water Supply Assessment prepared for the project. SC 12-5 Prior to final building and zoning inspections, the property owner/developer shall demonstrate to the Public Utilities Department that water consumption reduction measures have been implemented as required by State law in accordance with the Water Utilities Rates, Rules and Regulations. Where appropriate, plans submitted for building permits shall include notes on plans thaf indicate the measures that will be utilized to reduce water consumption. Such measures where feasible' and appropriate shall include, but aze not limited to: a. Low-flush toilets and urinals (Health and Safety Code Section 17921.3); b. Maximum flow rate of all new showerheads, lavatory faucets, and sink faucets (Title 20, California Code of Regulations Section 1604[fJ); c. Appliances certified by manufacturer to comply with regulations established by applicable efficiency standazds (Title 20, Califomia Code of Regulations Section 1606[b]); d. Public lavatories equipped with self-closing faucets that limit the flow of hot water (Government Code Section 7800); e. Hot water pipes insulated to reduce water used before hot water reaches equipment or fixtures (Title 24, California Code of Regulations Section 2-5352[i] and [j]); f. Conservation reminders posted in rooms and restrooms; g. Thermostatically controlled mixing valve for bath/shower; and h. Implementation of efficient irrigation systems to minimize runoff and evaporation. Mountain Park Specific Plan Amendment Findings of FacUSlalement of Overdding Considerations Page 70 MM 12-1 Prior to the issuance of the first building permit, the property owner/developer shall pay the Public Utilities Department a proportionate shaze of a water ..._ supply source to meet the projected increases in water demands in accordance with Rule 15.C, Section 3, of the Public Utilities Rates, Rules, and Regulations. Although the Water Supply Assessment (Appendix M of the Draft EIR No. 331) concludes that there is adequate capacity to serve the proposed project, an additional water supply source will ensure that there is no loss of redundancy and/or reliability to the city water supply system. MM 12-2 Prior to approval: of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the City of Anaheim Department of Public Works and Yorba Linda Public Works Department for proposed street improvements within the respective jurisdictions for review and approval. The Traffic Management Plans shall describe traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements aze being implemented in existing roadways. Said traffic management measures shall be implemented on-going during road construction, and may include flagmen, .appropriate signage and traffic control barriers consistent with City of Anaheim requirements. MM 12-3 Prior to approval of the first utilityor infrastructure plan serving each development azea with impacts to public streets, the property owner/ developer shall submit a utility layout and trenching plan to the Department of Public Works for all existing public streets. Trench replacement shall, at a minimum, conform to Public Works Standard Detail No: 132. Joint trenches shall be used whenever practicable. The asphalt pavement restoration widths shall be approved by the Department of Public Works based on anticipated impact of construction and layout of trenches within the public right-of--way. Sanitary Sewer PDF 12-4 The Public Facilities Plan provided in the Mountain Pazk Specific Plan includes a Project Sewer Study thaf identifies the sanitary sewer facilities to be bonstructed with the project. The project sanitary sewer system is shown on Exhibit 3-12 bf the Draft EIR included in Attachment A. The property owner/developer shall conduct sewer monitoring at two similar developments within the City to collect 14 days of data during dry weather conditions to verify the sewage generation rates. The property owner/developer shall then prepaze a report based on the City approved sewer modeling softwaze to verify that the sewer sizes conform to those proposed in the project sewer study. Prior to .approval of the sewer improvement plans, the property owner/developer shall submit plans to the Department of Public Works, demonstrating that the sanitary sewer system is in conformance with the alternatives described in the Project Sewer Study included in the Mountain Pazk Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including sanitazy sewer lines to serve the project development phases. SC 12-6 Prior to issuance of each building permit, the property owner/developer shall pay fees for sewer service to the City of Anaheim and Orange County Sanitation District. Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 71 SC 12-7 Prior to approval of final tract or parcel maps, the property owner/developer shall pay the appropriate sewer connection fee to the City of Anaheim,- as established by City Council Resolution. MM 12-4 Prior to approval of the first final tract or parcel map in Development Areas 1, 2, 4, or 5, the. property owner/developer shall obtain approvals, permits, and/or easement rights of way from private property owners and affected jurisdictions (City of Yorba Linda, Caltrans, Orange County Sanitation District) for off-site sanitary sewer line connections. Evidence that these approvals and permits have been obtained shall be submitted to the Department of Public Works. MM 12-5 Prior to approval of the first final. tract or parcel map in Development Areas 3 and 7, the property owner/developer shall submit sewer improvement plans. for the West Basin sewer .alignment from the alternatives presented in the Project Sewer Study. The Department of Public. Works shall select the West Basin sewer alignment based upon the ability of the property owner/ developer to obtain off-site easements, and any design limitations related to the SR 241 over-crossing and/or other construction related issues. MM12-6 Prior to the first fmal tract or pazcelmap in Development Areas 1, 2, 4, 5, and 6, the property owner/developer shall submit sewer improvement plans for the East Basin sewer alignment from the alternative presented in the Project Sewer Study. The Department of Public Works shall select the East Basin sewer alignment based upon the status of the Santa Ana River Interceptor (SARI) relocationproject. Electricity PDF 12-5 The Public Facilities Plan provided in the Mountain Park Specific Plan identifies the electrical facilities to be constructed with the project. The project electric system is shown on Exhibit 3-13 of the Draft EIR included in Attachment A. Prior to approval of permits for improvement plans, the property owner/developer shall submit electric system plans to the Public .Utilities Department, .Electrical Engineering Division, demonstrating that the electric system is in conformance with the Public Facilities Plan included in the Mountain Park Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including electric lines. identified in Exhibit 3-13 of the Draft EIR (included in Attachment A), to serve development phases...: SC 12-8 Prior to approval of final tract. or parcel maps, the property owner/developer shall install, bond for, or otherwise secure on-site electrical facilities in accordance with the City of Anaheim Public Utility Electric: Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. SC 12-9 The proposed project shall comply with all State Energy Insulation Standazds and City of Anaheim codes in effect at the time of application for building permits.. (Commonly referred to as Title 24, these standazds aze updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating, Mountain Park Specific Plan Amendment Findings of FactlStatement of Overriding Considerations Page 72 and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Publie Utilities .. _. Department prior to issuance of building permits. SC 12-10 Prior to issuance of the first building permit for each tentative tract or parcel map, the property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Rules and Regulations for electrical residential and commercial services for specific uses within the development site. , SC 12-11 Prior to issuance of each building permit,. the property owner/developer shall incorporate the following energy saving practices into building plans.. The property owner/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection: a. Consultation with the Public Utilities Department energy conservation experts for assistance. with energy conservation design features. b. Use of electric motors designed to conserve energy. a Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts: Metal halide or high-pressure sodium for outdoor lighting. MM 12-7 Prioz• to approval of street improvement plans, the property owner/developer shall submit Traffic Management Plans to the Department of Public Works describing traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements aze being implemented in existing roadways. The traffic control measures may include flagmen, appropriate signage and traffic control barriers consistent with,City of Anaheim requirements, or other appropriate measures. The Traffic Management Plans shall be reviewed and approved by the Department of Public Works, Traffic Engineering Division. MM 12-8 Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, for Development Areas 3 and 7, the property owner/developer shall submit preliminary electric system plans to the Public Utilities Department for review and approval. The property owner/ developer shall request that the Public Utilities Department provide engineering standazds and plans for the installation of electrical and communication conduit and substructures systems. The property owner/ developer shall also submit an electrical and communications conduit phasing plan to the Public Utilities Department to assist in the planning of additional electrical distribution systems from the Pazk Substation to, and within, Development Areas 3 and 7. MM 12-9 Prior to approval of grading plans, final tract or pazcel maps, or street improvement plans, whichever occurs first, for development azeas east of SR 241., the property owner/developer shall submit preliminary electric system plans to the Public Utilities Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 73 Department for review and approval. The property owner/developer shall request that the Public Utilities Department provide engineering standards and plans for the installation of electrical-and communication conduit and substructures systems from the Pazk Substation to, and within, development areas east of SR 241. MM 12-10 Prior to issuance of the first building permit for each tentative tract or pazcel map, the property owner/developer shall pay fees and provide the necessary infrastructure for the installation of the on-site and off-site electrical' and communication systems to serve said tract, designed and phased to provide electrical service for the development aeeas within the project site. This shall include line extensions from the Pazk Substation to the development site. The applicable improvements shall be installed prior to the first final building and zoning inspection for the tractor parcel map. Natural Gas PDF 12-6 The Public Facilities Plan provided in the Mountain Pazk Specific Plan identifies the natural gas facilities to be constructed with the project. The project natural gas system is shown on Exhibit 3-13 of the Draft EIIZ (included in Attachment A). Prior to approval of grading plans, final tract or parcel maps, or street improvement plans, whichever occurs first, the property owner/developer shall submit plans to the Public Utilities Department demonstrating that the natural gas system is in conformance with the Public Facilities Plan included in the Mountain Pazk Specific Plan. The property owner/developer shall extend and construct the necessary facilities, including natural gas lines to serve development phases. SC 12-12 Prior to approval of final tract or parcel` maps, the property owner/developer shall install, bond for, or otherwise secure on-site natural gas facilities in coordination with Southern California Gas Company (SCG). Written evidence of this shall be provided to the Public Utilities Department. Solid Waste SC 12-13 Prior to approval of any site plans, tentative tract or pazcel maps, the property owner/developer shall submit a Solid Waste Management Plan with recycling capabilities to the Department of Public Works, Streets and Sanitation Division for review and approval. Refuse collection and disposal for the proposed project shall comply with AB 939, the County of Orange Integrated Waste Management Plan, and the City of Anaheim Integrated Waste Management Plan. Library Services SC 12-14 Pursuant to Resolution No: 89R-235 adopting the Public Library Facilities Plan for the East Santa Ana Canyon azea, as may hereinafter be amended, the property owner/developer shall pay required fees for the construction of library facilities in the East Hills Planned Community. Fees shall be paid as a condition of approval of any final tract oYpazcel map, or prior to issuance of a building permit where no subdivision is involved. The Planning Department, Building Division shall verify payment of fees. Mountain Park Specific Plan Amendment Findings of FacUStatement of Ovemding Considerations Page 74 Reference: EIR § 4.12; Orange Unified School District Mitigation Agreement (Appendix K); Domestic Water Distribution System Sub Area Master Plan (Appendix L); Water , Supply Assessment (Appendix M); Project Sewer Study (Appendix N); Dry Utilities Report (Appendix O). M. Recreation Environmental Impact: Neighborhood and Regional Pazks; Recreational Facilities; Consistency With Applicable Plans, Policies or Reeulations; Cumulative Impacts; Off-Site Project Feature Impacts; Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.13 of the EIR, any adverse impacts from the project regarding recreation will be mitigated to below a level of significance. through the implementation of the project design features and existing regulations/standard conditions contained in the EIR. Finding: No additional mitigation is required Public Resources Code § 21081(a), Guidelines § 15091(a). Facts in Support of Finding: The EIR discusses potential impacts regazding recreation in Section 4.13, which is incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regazding recreation would be less than significant with the implementation of the project design features and existing regulations/standard conditions required by the EIR. No additional mitigation is required. Mitigation Measures:. The following Project Design Features (PDF) and Standazd Condition (SC) aze incorporated herein and shall be conditions of project approval: PDF 13-1 The Mountain Park Specifo Plan includes the implementation of the public Gypsum Canyon Creek Regional Riding and Hiking Trail (refer to Exhibit 3-8 of the Draft EIR, Open Space, Trail and Bikeway Plan). Prior to approval of each. tentative tract or pazcel map that the trail is located within, the final alignment and fmal design for the Gypsum Canyon Creek Regional Riding and Hiking Trail. shall be reviewed and approved by the Community Services Department and County of Orange Hazbors, Beaches and Parks Department and shown on the tract or parcel map. An offer of dedication of trail easements to the County of Orange shall. occur concurrently with recordation of final tract or parcel maps, Trail improvements shall be completed prior to final building and zoning inspections for the first. building within said tracts.. PDF 13-2 The Mountain Park. Specific Plan includes the implementation of Class II bikeways (on-street, striped) along the following roadways: proposed Mountain Pazk Drive; extension of Weir Canyon Road within the project site; Gypsum Canyon Road from off- site Featherly Regional Pazk to on-site Mountain Pazk Drive; and Santa Ana Canyon Road within the project site (refer to Exhibit 3-8 of the Draft EIR, Open Space, Trail and Bikeway Plan). Prior to approval of each tentative tract or pazcel map that includes these bikeways; the property owner/developer shall include provisions for these bikeways on the tract or pazcel map. The final alignment and. final design of each bikeway shall be shown on the street improvement plans and shall be reviewed and approved by the Department of Public Works. Mountain Park Specific Plan Amendment Findings of FacUStatemenl of Overriding Considerations Page 75 SC 13-1 The Mountain Pazk Specific Plan includes an approximate 15-acre improved pazk in Development Area 3 (refer to Exhibit 3-4 of the Draft EIR) to fulfill the City's pazk dedication requirement. Prior to, or concurrent with, approval of final tract or parcel maps in Development Area 3, the property owner/developer shall demonstrate compliance with this pazk dedication requirement to the Planning Department. Reference: EIR § 4.13. N. Cultural Resources Environmental Impact: Archaeological Sites; Paleontoloeical Resources; Consistency With Applicable Plans, Policies or Regulations• Cumulative Impacts• Off-Site Project Feature Impacts: Caltrans-Related Proiect Feature Impacts. As discussed in Section 4.14 of the EIR, any adverse impacts from the project regazding cultural resources will be mitigated to below a level of significance through the implementation of the mitigation measures contained in the EIR. Finding: Changes or alterations have been required in, or incorporated into, the proposed project which avoid or substantially lessen the significant environmental effects regarding cultural resources to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1) Facts in Support of Finding: The EIR discusses potential impacts regarding cultural resources in Section 4.14, which is' incorporated by reference herein. The EIR determined that all direct and cumulative impacts to the proposed project regazding cultural resources would be less than significant with the implementation of the mitigation measures required by the EIR. Mitigation Measures: The following Mitigation Measures (MM) aze incorporated herein and shall be conditions of project approval: MM 14-1 Prior to the approval of a grading plan or issuance of a building permit, whichever occurs first, the property owner/developer shall retain aCounty-certified archaeologist (project archaeologist) and submit written confirmation of this to the Department of Public Works. The project archaeologist shall observe grading activities and recover, catalogue, analyze, and report azchaeological resources as necessary in the previously undeveloped portions of the development area. The project azchaeologist shall be present at the pre-grade conference. The project archaeologist shall submit to the Planning Department, and Department of Public Works, Development Service Division, a written plan with procedures for archaeological resource monitoring. For work within Caltrans right-of--way the plan shall be submitted for review by Caltrans Cultural Resources staff. This plan shall include procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of the resources as appropriate; and a requirement that a Native American monitor retained by the property owner/developer be present during any required excavation. If the archaeological resources aze found to be significant, the project azchaeologist shall determine appropriate actions-in cooperation with the City of Anaheim or Caltrans, if within Caltrans right-of-way- for exploration and/or data recovery to adequately recover the scientifically significant Mountain Park Specific Plan Amendment Findings of facct/Statement of Overdding Considerations Page 76 information from or about the azcheological resource. The project archaeologists shall prepaze any excavated material to the point of identification. Following the completion of grading, the;,,_, azchaeologists shall prepaze a report detailing the results of the monitoring program to be presented to the City of Anaheim Planning Department. The report shall follow guidelines. of the California. Office of Historic Preservation (1990). Excavated finds shall be accessioned into a qualified scientific institution that meets, or exceeds, the requirements of 36CFR79. MM 14-2 If human remains are encountered during the conduct of ground- disturbing activities, State Health and .Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition of the materials pursuant to Public Resources Code Section 5097.98. The County Coroner must be nofified of the find immediately. If the remains aze determined to be prehistoric, the Coroner would notify the Native American Heritage Commission (NAHC). The NAHC would determine and notify a Most Likely Descendent (MLD). The MLD may inspect the site of the discovery with the permission of the property owner/ developer or his/her authorized representative. The descendent must complete the inspection within 24 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. MM 14-3 Prior to issuance of the first grading permit, the property owner/developer shall submit a monitoring plan, prepazed by an Orange County certified paleontologist to the Department of Public Works, Development Services Division that ensures that the following actions aze implemented: a The area west of Gypsum Canyon i comprised almost entirely of the Topanga Formation (high paleontological sensitivity) and contains all of the heretofore recognized surface occurrences of fossils on the project site. The north-central portion of the project site is comprised chiefly of the interbedded undifferentiated Vaqueros and Sespe Formations (moderate to high paleontological sensitivity) and smaller elements of the Sespe, Santiago, and Topanga Formations (all high paleontological sensitivity). Paleontological monitoring in the western and north-central azeas of the project site shall be conducted on a full- time basis and shall be identified as such in the monitoring plan. It shall be the responsibility of the project paleontologist to show, to the satisfaction of the City, the recommended limits of full- time monitoring on the tentative tract or pazcel map level grading plans, when available. Because of the potential for identifying microfossils or small fragments of macrofossils, periodic screening of sediments from cuts in these formations shall be carried out by the project paleontologist. Such material may be removed in bulk and screened off-site to minimize interference with grading operations. b. The Holz Shale, Schulz Ranch Member of the Williams Formation, the Silverado Formation, Santiago Formation, and the Sespe Formation, exposed primary east of Gypsum Canyon, shall be monitored as determined necessary by the project paleontologist during grading operations. Recommended hours for monitoring activities shall be established by the project paleontologist and shall be outlined in the monitoring plan. It shall be the responsibility of the project paleontologist to demonstrate, to the satisfaction of the City, the appropriate level of monitoring necessary based on the tentative tract or parcel map level grading plans, when available. Because of the potential for identifying microfossils or small fragments of Mountain Park Specific Plan Amendment Findings of FacUSlalement of Overriding Considerations Page 77 macrofossils, periodic screening of sands from cuts in these units shall be done by the project paleontologist monitor. Such material may be removed in bulk and screened off-site to minimize interference with grading operations. a Any paleontological work at the site shall be conducted under the direction of a County of Orange Certified paleontologist (project paleontologist). - d. If a fossil discovery occurs during grading operations when the project paleontologist is not present, .grading shall be diverted around the azea until the monitor can survey the area, and/or Caltrans Cultural Resources staff can inspect the site, if the resources are found within Caltrans right-of--way. e. Any fossils recovered during the development, along with their contextual stratigraphic data, shall be donated to the County of Orange, or other appropriate institution with an educational and research interest in the materials. A final report detailing findings and disposition of specimens shall be prepared by the project paleontologist and submitted to the City of Anaheim Planning Department upon completion of grading. Reference: EIR § 4.14; Cultural Resources Survey and Assessment (Appendix P). VIL FINDINGS REGARDING ALTERNATIVES Because the proposed project will cause unavoidable significant environmental effects related to landform/aesthetics, air quality, and traffic, the City must consider the feasibility of .any environmentally superior alternatives to the proposed project, evaluating whether these alternatives could avoid or substantially lessen the. unavoidable significant environmental effects while achieving most of the objectives of the proposed project.. The EIR analyzed a total of nine alternatives to the project. m addition, the EIR addressed several design alternatives regarding off-site roadways and sanitary sewer line connections. As described in Section 3 of the EIR, the primary purpose of the proposed project is to implement the objecfives of the proposed project.. These project objectives remain applicable to the proposed project, and specifically include: 1. Implement the goals and policies of the City of Anaheim General Plan. 2. Further regional transportation and air quality goals by creating housing near concentrated employment centers and major transportation corridors. 3. Provide a broad mix of housing opportunities. 4. Develop a land use plan that responds to the site chazacteristics including topography, biological resources, and visually significant ridgelines. 5. Provide regional open space/habitat preservation areas. Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 78 6. Maintain consistency with the Implementation Agreement for the Central Coastal NCCP/HCP. 7. Provide new homes for sale to address Orange County's housing shortage. 8. Implement components of the Orange County Master Plan of Arterial Highways (MPAH) within and in the vicinity of the project site.. The alternatives presented in the EIR constitute a reasonable range of alternatives necessary to permit a reasoned choice among the options available to the City and/or the project proponent. Based upon the administrative record for the project, the City makes the following findings concerning the alternatives to the proposed project. A. Alternatives Considered but Eliminated for Detail Review As discussed in Section 5 of the E1R, the following alternatives were considered but eliminated from detailed analysis because they were found to be infeasible: development of an alternative site, residential development with commercial use to support the project, and proposed project with alternative oircula6on concepts. 1: Alternative Site An analysis bf an alternative site is appropriate when any of the significant effects would be avoided or substantially lessened by changing the project location: According to the City of Anaheim General Plan, the City is extensively developed and the lazgest vacant lands aze within the proposed project site and state-owned Coal Canyon. There is no other undeveloped azea in the City that is lazge enough to accommodate the proposed project that does not already have some entitlement or development plans in process. As discussed in Section 5 of the EIR, the same potentially significant impacts associated with the proposed project could also occur at other potential locations and would not necessarily be avoided or substantially lessened with development at a different site. Because development of the proposed project at an alternative site would not .substantially reduce or avoid impacts associated with the proposed project, would not meet most of the project objectives and could not feasibly be implemented, .further, consideration of this alternative is not warranted. 2. Residential Development With Commercial Use to Support the Project This alternative would entail reduction of the number of residential units in Development Area 4 to accommodate an approximately 10-acre commercial use site with 100,000 squaze feet of commercial uses and associated on-site parking to serve the proposed project.. As discussed in Section 5 of the EIR, the same potentially significant impacts associated with the proposed project could also occur and would not necessarily be .avoided or substantially lessened under this alternative. Traffic impacts would be worse under this alternative due to increased average daily trips and traffic during peak hours and substantial grading would be required in order to construct the commercial center. These activities would cause an increase in air emissions and noise impacts. Significant and unavoidable air quality impacts under the proposed project would not be .avoided or reduced to a less than significant level with implementation of this alternative. A study on file with the City concluded that existing retail Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 79 centers in the area have sufficient capacity to handle increased sales and that the proposed project creates insufficient demand by itself to support an additional local-serving retail center. Because this alternative would not be environmentally superior to the proposed project and would not be economically viable or meet the project objectives, further consideration of this alternative is not warranted. 3. Proposed Project With Alternative Circulation Concepts A number of alternative circulation concepts were considered during the planning/scoping process, including an ungated community alternative, extension of Oak Canyon Drive into the project site/elimination of Mountain Pazk Drive and extension of Weir Canyon Road east to Development Area 1. The ungated community alternative could potentially increase noise impacts and would not be consistent with the City's General Plan policy regazding protection of residential neighborhoods from bypass traffic impacts associated with SR-91. The Oak Canyon extension alternative would result in traffic impacts on residential streets west of the proposed project site similaz to those associated with the proposed pt•oject and is subject to design limitations. The traffic volumes associated with the proposed project do not wan•ant the Weir Canyon alternative roadway' extension. In addition, substantial earthwork would be required to remediate existing landslides, which would result in' substantial emitonmenta] impacts beyond those resulting fiom the proposed project. Because none of the above-described alternative circulation concepts would be environmentally superior or would reduce or eliminate the environmental impacts associated with the proposed project, further consideration of these alternatives is not wan•anted. B. Alternatives Carried Forward for Detailed Analysis 1. No 1'roject/No Action Alternative Description.: The No Project/No Action alternative assumes that no development on the 3,001-acre project site would occur and the site would remain in its existing condition: Neither the proposed Mountain Pazk Specific Plan Amendment project or the currently approved Mountain Park Specific Plan would be implemented under this alternative. Designated open space azeas on-site associated with the NCCP/HCP and TNC' ACE would continue to be protected under this alternative. Because no development would occur under this alternative, impacts associated with the proposed project would not occur and significant and unavoidable impacts to landform/topography, air quality, and traffic would be avoided: As such, the No Project/No Action alternative has the least impact on the environment and therefore has been identified as an "envitonmentally superior alternative" under CEQA. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the No Project/No Action alternative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: a. The no project alternative assumes that development would not occur on the site. The no project alternative would completely avoid most of the potential impacts that Mountain Park Specific Plan Amendment Findings of Fact/Statemenl of Overziding Considerations Page 80 can be mitigated to below a level of significance from the proposed project. The no project alternative would also avoid adverse impacts to landform/topography, air quality,. and traffic, the only adverse impacts identified in the EIR that will remain significant and unavoidable after mitigation (though traffic impacts will only be significant under the proposed project if mitigation measures outside of the City's control aze not implemented).. However, under this. alternative, no new residential units would be developed and no new residents generated. Therefore, there would be no residential units built to meet the City's Regional Housing Needs Assessment (RHNA) housing allocation, which would result in an adverse. impact. related to population. and housing. Such residential units would need to be accommodated elsewhere:. within the City to satisfy housing needs. Moreover, this alternative would conflict with the City's current General Plan which assumes development of residential units on the project site. b. Of the project's eight EIR objectives, the No ProjecUNo Action alternative would fail to meet six project objectives (Objectives 1 through 4, 7 and 8) and would meet two project objectives (Objectives 5 and 6). Because no development would occur, this altemative fails to meet the project's objectives in the following manner: it is inconsistent with the City of Anaheim General Plan land use designations for the site and does not implement the goals and policies of the General Plan (Objective 1); does not further regional transportation and air quality goals by providing needed housing neaz concentrated employment centers in Orange County and major transportation corridors (Objective 2); fails to provide abroad mix of housing opportunities (Objective 3); fails to implement a land use plan that responds. to the site. characteristics (Objective 4); fails to provide new homes .for sale to address Orange. County's housing shortage (Objective 7); and fails to implement the transportation facilities identified in the County of Orange MPAH, including improvements to Weir Canyon Road and SR-241 (Objective 8). The No Project/No Action altemative would implement the preservation of open space areas consistent with the NCCP/HCP and TNC ACE (Objectives 5 and 6). Reference: EIR § 5.3.1. 2. No Project/Development Pursuant to the Current Mountain Park Specific Plan Alternative Description: The No Project/Development Pursuant to the Current Mountain Park Specific Plan alternative assumes development of the project consistent with the approved Mountain Pazk Specific Plan (SP 90-4) that was approved by the City in 1991. SP 90-4 allows` for development of up to 7,966 residental'units on 1,325 acres with a maximum of 16 dwelling units per acre. In additional to residential development, SP 90-4 allows for general commercial, educational, park and open space uses, including an approximately five-acre City maintenance yard. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the No Project/No Action alternative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: Mountain Park SpeciSc Plan Amendment Findings of Fact/Slatement of Overriding Considerations Page 81 , a. The No Project/Development Pursuant to the Current Mountain Park Specific Plan alternative assumes that development would occur in accordance with SP 90-4-as approved in 1991. At the time of approval; SR-241 had not been approved or constmcted and the NCCP/HCP .and TNC ACE had not been approved or implemented. In addition, the City has since updated its General Plan and has amended the land use designations for the site. Therefore, implementation of land use as identified in SP 90-4 would no longer be feasible 'and development under this alternative would require an amendment to the cun•ent General Plan. The No Project/Development Pursuant to the Current Mountain Park Specific Plan alternative would not reduce any of the significant impacts that would be associated with implementation of the proposed project; including adverse impacts to landform/aesthetics, air quality, and traffic: This altemative would result in greater impacts to seven of the environmental resource areas (land use, landform/aesthetics, geology and soils, hydrology, water quality, biological resources, traffic and circulation;' and aif quality) as compared to the proposed project. This alternative would have the same or similaz impacts to noise, hazards and hazazdous materials, population and housing, public services and utilities, recreation and cultural resources as compazed to the proposed project. As a result of increased residential development, traffic/circulation and air quality impacts would be greater when compazed to the proposed project and would remain significant and unavoidable, similar to (but worse than) the proposed project. b: The No Project//Development Pursuant to the' Current Mountain Park Specific Plan altemative would fail to meet the project objectives to the same extent as the proposed project. Because this alternative includes a larger development azea that would require a greater area of disturbance, it would not meet the established project objectives to the same extent as the proposed project: This' alternative fails to meet Objective l due to the fact that the land use designations and proposed circulation system for SP 90-4 are not consistent with the updated City of Anaheim General Plan that was approved in 2004. This altemative fails to meet Objective 8 because it includes implementation of roadways that aze no longer included on the County of Orange MPAH. This alternative would further regional transportation and air quality goals by providing needed housing near concentrated employment centers in Orange County and major transportation corridors; which meets Objective 2. In addition, this altemative provides a broad mix of housing opportunities and new homes for sale-to address Orange County's housing .shortage to a greater extent than the proposed project (Objectives 3 .and 7). This alternative responds to site chazacteristics, including topography, biological resources and major ridgelines (Objective 4), but not to the same extent as the proposed project. The proposed project also. provides substantially more open space than this alternative (Objective 5). c. Reference: EIR § 5.3.2. 3. Modified Land Use Plan Alternative Description: The Modified Land Use Plan altemative assumes development of a modified land use plan compazed to the proposed project. Although the proposed Development Areas would generally have the same footprint as the proposed project, and the number of residential units would be the same, there would be notable differences in the land use plan. A school site and community park would be relocated to Development Area 5, no roadways would be extended between development areas west and east of SR-241 and the community would not Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overdding Considerations Page 82 be gated. Under this alternative, the' extension of Weir Canyon Road and construction of the SR- 241/Weir Canyon road interchange would not be constructed by the property'owner/developer: ._. Finding: The City finds that specific economic, legal, social, technological; or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Modified Land Use Plan alternative infeasible: (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: a. The Modified Land Use Plan alternative would generally have similaz impacts as the proposed project regarding landform and aesthetics, geology and soils, hydrology,. water quality, biological resources, .air quality, hazazds and hazardous materials, population housing, and cultural resources. As such, this altemative would not avoid or reduce any of the significant impacts associated with the proposed project. This altemative would have somewhat greater impacts than the proposed project regarding traffic and public utilities. The Modified Land. Use Plan alternative would have somewhat reduced noise impacts than the proposed project, however, the noise impacts from the proposed project aze less than significant. b. The Modified Land Use Plan altemative would generally meet the project objectives outlined for the proposed project, however, it would fail to meet Objective 8 to the same extent as the proposed project as certain transportation facilities identified in the County of Orange MPAH would not be implemented. Reference: EIR § 5.3.3. 4. Reduced Development Area A-ternative Description: The Reduced Development Area alternative assumes development of 2,500 residential units in Development Areas east of SR-241, with no development west of SR-241. Similar to the proposed project, this altemative would include a proposed school site,. community pazk, fire station, trail staging area and store concession/interpretivecenter within the project site. Approximately 2,291 acres of open space would be preserved.. As with the proposed project, the dedicated on-site open space areas associated with the NCCP/HCP and TNC ACE would continue to be protected. The Reduced Development Area altemative would also include implementation of a regional riding and hiking trail along Gypsum Canyon Creek to the northern boundary of the TNC ACE. Under this alternative, a SR-241/Weir Canyon Road. interchange and SR-241 bridge overcrossing would not be constructed and the community would not be gated. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Reduced Development Area alternative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: Mountain Park Specific Plan Amendment Findings of FacVBtalement of Overriding Considerations Page 83 a. The Reduced Development Area. alternative is designed to reduce significant unavoidable landform/topography and air. quality. impacts associated With. he proposed project. By reducing the development area, this alternative would reduce impacts related to landform/topography and air quality, however not below a level of significance. In addition, the Reduced Development Area alternative would have somewhat reduced impacts regazding geology and soils, hydrology, water quality, biological resources and noise: However, none of these potential impacts is significant with the proposed project after implementation of the mitigation program. The Reduced Development Area alternative would be inconsistent with the City's General Plan, which assumes the development of residential uses west of SR-241, and therefore would cause greater impacts than the project with respect to land use and planning. Likewise, this altemative would increase traffic impacts, and would cause a potentially significant impact to mainline segments of SR-91: Therefore, the Reduced Development Area altemative would not reduce any of the significant impacts associated with the project to below a level of significance and would worsen potentially significant traffic impacts. b. Of the project's eight EIR objectives, the Reduced Development Area alternative would fail to meet Objective 1 to the same extent as the proposed project (implement the goals and policies of the City of Anaheim General Plan) and would not meet Objective 8 (implement the Orange County MAPH). Reference: EIR § 5.3.4 5. Reduced Development Area/Reduced Density Alternative Description: The Reduced Development Area/Reduced Density alternative assumes development of 1,146 residential units in Development Areas east of SR-241, with no development west of SR-241. In addition, the density of development in Development Area 5 would be reduced. With the exception of the decreased number of residential units, this alternative would include the same proposed uses as the Reduced Development Area alternative. As with the proposed project, the dedicated on-site open space azeas associated with the NCCP/HCP and TNC ACE would continue to be protected. The Reduced Development Area/Reduced Density alternative would involve the development of 1,354 fewer residential units than the proposed project. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Reduced Development Area/Reduced' Density altemative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: a., The Reduced DevelopmentlReduced Density altemative is designed to reduce significant unavoidable landform/topography and .air quality impacts associated with the proposed project by reducing the acreage and number of residential units proposed for development. By reducing the development area and the intensity of development, this alternative would reduce impacts related to landform/topography and air quality .and potential impacts related to traffic, however not below a level of significance. In addition, the Reduced Mountain Park Specific Plan Amendment Findings of FacUStalement of Overriding Considerations Page 84 Density/Reduce Development Area alternative would have somewhat reduced impacts regazding geology and soils, hydrology, water quality, biological resources and traffic and circulation., _ However, none of these potential impacts, with the possible exception of traffic and circulation; is significant with the proposed project. The Reduced Development Area/Reduced Density would be inconsistent with the City's General Plan, which assumes the development of residential uses west of SR-241, and therefore would cause greater impacts than the project with respect to land use and planning. Moreover, this alternative would result in less housing than the project, and less housing than was assumed in the City's local and regional planning efforts: This alternative would not improve the City's jobs/housing ratio as much as the project, and would therefore have a greater jobs/housing impact than the project, though still less than significant. b. Of the project's eight EIR objectives, the Reduced Development Area/Reduced Density altemative would fail to meet most of the project objectives to the same extent as the proposed project (Objectives 1 through 3, 7 and 8) and would meet three project objectives (Objectives 4 through 6) when compared to the proposed project. Specifically, this altemative would not be as effective as the project in implementing the goals and policies of the City's General Plan, furthering regional transportation and air quality goals by creating housing near concentrated employment centers, providing a broad mix of .housing opportunities, providing new homes for sale to address Orange County's housing shortage, and implementing the County's Master Plan of Arterial Highways within and in the vicinity of the project site. Reference: EIR § 5.3.5. 6. Highly Concentrated Development Alternative Description: The Highly Concentrated Development altemative assumes development of 2,500 residential units, a school site and community pazk in Development Area 5. Afire station, trail staging area and stove concession/interpretive center would be provided in Development Area 6, consistent with the. proposed project. The remainder of the project site would consist of approximately 2,800 acres of preserved open space,.including the dedicated open space areas associated with the NCCP/HCP and TNC ACE. The SR-241/Weir Canyon. interchange and SR-241 bridge overcrossing would not be constructed and the community would not be gated. In addition, this altemative would include implementation of a regional riding .and hiking trail along Gypsum Canyon Creek adjacent to Development Area 5 only. As discussed in Section 5 of the EIR., the No Project/No Action alternative would be considered the environmentally superior alternative.. When considering the other alternatives evaluated in the EIR, the Highly Concentrated Development alternative would also be considered environmentally superior. Finding: The City finds that specific economic;. legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Highly Concentrated Development alternative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). Facts in Support of Finding: Mountain Park Specific Plan Amendment Findings of FactlStatement of Overriding Considerations Page 85 a. ,- .The Highly Concentrated Development alternative would consolidate all residential development in Development Area 5, thereby exceeding the total number .of,low- medium density units allowed under the City of Anaheim General Plan. Therefore; an amendment to the General Plan would be required for this alternative. The Highly,.Concentrated Development alternative would result in less impact to all of the environmental resource areas except for five: aeeas. This altemative would have the same or similaz impacts to hazards and hazazdous materials, population and housing, public services and utilities. and recreation as compared to the proposed project, while impacts to traffic .and circulation would be greater. The Highly Concentrated Development altemative would result in greater impacts to traffic and circulation because all traffic would be using one point of ingress/egress to the project site (Santa Ana Canyon Road/Gypsum Canyon Road). Project site .access from Weir Canyon Road and Mountain Park Drive would not be provided. Additionally, the SR-241/Weir Canyon Road interchange and Mountain Park Drive bridge' overcrossing would not be constructed under this alternative. In addition, an unimproved dirt road along Gypsum Canyon Creek would require improvements in order to provide emergency access which could result in additional physical impacts to biological resources compared to the proposed project. Overall; the Highly Concentrated Development altemative would result in worsened traffic conditions compared to the proposed project, including increased traffic on SR-91. Although air quality impacts would remain significant and unavoidable, potential impacts to landform/topography would not occur under this alternative. b. Of the project's eight EIR objectives, the Highly Concentrated Development alternative would fail to meet three project objectives (Objectives 1, 3, and 8) and would meet five project objectives (Objectives 2, and 4 through 7). This alternative would conflict with the City of Anaheim General Plan by exceeding the numbeY or allowable residential units in Development Area 5, which fails to meet Objective 1 (implement the goals and policies of the City of Anaheim General Plan). In addition, this alternative would not implement the transportation facilities identified in the County of Orange MPAH, including improvements to Weir Canyon Road and SR-241 which fails to meet Objective 8 (implementation of MPAH within project area). This altemative, which would be limited to single-family attached residences, would not meet the objective to provide a broad mix of housing opportunities (Objective 3). This alternative meets Objective 5 (provide regional 'open space/habitat preservation areas) in that it results in the preservation of more open space compazed to the proposed project, however; would provide the same amount of area in the NCCP/HCP and TNC ACE as the proposed project: Reference: EIR § 5.3.6: 7. SR-241/Weir Canyon Road Half-Diamond Interchange Description: The SR-241/Weir Canyon Road Half-Diamond Interchange alternative would provide an alternative tollroad interchange configuration to that proposed as part of the proposed project. This alternative would involve the construction of ahalf-diamond interchange at SR-241/Weir Canyon Road with atwo-lane overcrossing. A southbound on-ramp and north-bound oft=ramp would be constructed south of the overcrossing. Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 86 Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for. , highly trained workers, make the SR-241/Weir Canyon Road Half-Diamond Interchange altemative infeasible. (Public Resources Code § 21081(a)(3), Guidelines § 15091(a)(3)). _ Facts in Support of Finding: a. The SR-241/Weir Canyon Road Half-Diamond Interchange alternative would have similaz impacts as the project, and as such would not reduce .any of the significant impacts associated with the project. Moreover, this alternative is not the preferred. interchange configuration from a Caltrans traffic operations position. As such, it is considered inferior to the interchange configuration proposed as part of the project. b. The proposed land use plan under the SR-241/Weir Canyon Road Half- Diamond Interchange alternative would be the same as the proposed project: This altemative addresses an altemative design for the SR-241/Weir Canyon Road interchange and would meet the eight project objectives to the same extent as the proposed project. c. Reference: EIR § 5.3.7.. 8. East Basin Off-Site Sanitary Sewer Connection Alternatives Description: The East Basin Off=Site Sanitary Sewer Connection alternatives would provide altemative off-site sanitary sewer connection options that could be implemented for the East Basin Development Areas to connect to the SARI line. The proposed project would otherwise remain the same as described in Sections 3 and 4 of the E1R. East Basin Off-site sanitary sewer connection alternatives include (1) construction of a gravity main to SARI pipeline via Gypsum Canyon Road; (2) construction of a gravity main to SAVI Ranch via Santa Ana Canyon Road and River Maintenance Road; (3) relocation of gravity main to SARI pipeline south; or (4) construction of a force main to SARI pipeline via Gypsum Canyon Road bridge.. Finding: Changes or alterations have been required in, or incorporated into; the proposed project which avoid oY substantially lessen the significant environmental effects regarding the East Basin Off-Site Sanitary Sewer Connection alternatives to below a level of significance.:.. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: a. The East Basin Off-Site Sanitary Sewer Connection alternatives address altemative off-site sanitary connection options only. The proposed project would otherwise remain the same and these alternatives would meet the eight project objectives to the same extent as the proposed project. b: The altemative that involves construction of a force main to SARI pipeline via Gypsum Canyon Road bridge (E-5) would have the potential to have significant biology and Mountain Park Specific Plan Amendment Findings of FacVStatement of Overriding Considerations Page 87 noise-related impacts without mitigation. However, with Mitigation Measures Alt MM-1, Alt MM-2, .and MM 6-2, potential impacts would be reduced to below a level of significance.....:..... c. Alternative E-1-construction of a gravity main to SARI,. pipeline via Gypsum Canyon Road-is considered the environmentally superior East Basin Off-Site Sanitazy Sewer Connection alternative because is would not cause traffic disruption and potential land use impacts that would be associated with the other altematives and would have less impacts regarding the Army Corps of Engineers and California Department of Fish & Game jurisdictional areas than the other altematives that connect to the SARI line. However, with mitigation, each East Basin Off-Site Sanitary Sewer Connection alternatives will have no significant impacts and the City considers each to be environmentally acceptable. Mitigation Measures: The following Mitigation Measures (MM) will be required and shall be conditions of project approval if the E-5 alternative is selected (MM 6-2 will be required as a condition of project approval regazdless of whether the E-5 alternative is selected): AIt MM-1 Prior to approval of sewer improvement plans, the property owner/developer shall submit copies of contractor specifications to the County of Orange and City of Anaheim Public Works Department that include the following requirements to protect nesting birds: Construction activities shall be conducted outside of the least Bell's vireo breeding season. The breeding season occurs from April l0 through July 31. Due to the migratory nature of the species, impacts outside of the breeding season will .avoid direct and indirect impacts to the least Bell's vireo: If impacts must occur during the breeding season, a qualified biologist shall conduct apre-construction survey to determine the presence and location of the least Bell's vireo in the vicinity of the proposed impacts. If observed within 500 feet of the proposed impact area, the USFWS and CDFG shall be consulted to ensure the protection of the least Bell's vireo: Alt MM-2 Prior to the issuance of building permits for the sewer lift station, a detailed noise assessment shall be prepared by a qualified acoustical consultant and submitted to the Planning Department for review and approval. The assessment shall utilize noise data provided by the manufacturer(s) of the equipment utilized at the station or noise measurements from substantially similar facilities to project noise levels at the residences in the vicinity of the water pump station. Compliance with the City's Noise Ordinance shall be demonstrated and any measures required to meet the Noise Ordinance shall be described and incorporated into the plans for the water pump station. MM 6-2 Prior to the approval of mass or rough grading plans impacting jurisdictional areas, the property owner/developer shall provide a wetland mitigation plan approved by the ACOE (for Section 404 azeas) and CDFG (for the Section 1602 azeas) to the Department of Public Works. A total of 14.1 acres of riparian mitigation aze necessary to offset the loss of ACOE and CDFG jurisdictional areas as a result of the proposed project. A Conceptual Wetland and Ripazian Habitat Mitigation Plan has been prepared by JSA (February, 2005). The purpose of the mitigation plan is to: • Create (establish), restore, or enhance wetland/riparian habitats on-site to the maximum extent practicable to minimize the on-site loss of ALOE and Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Oonsiderations Page 88 CDFG jurisdictional acreage and function, and provide off-site mitigation for the remainder of the impacts; • To implement, to the extent practicable, off-site mitigation in the Santa Ana River watershed, as close to the study area as possible or otherwise at a key ecological site; • To return jurisdictional habitats that aze temporarily disturbed during construction to pre-construction conditions; and, • To ensure that adjacent non jurisdictional habitats are protected. The preferred on-site mitigation approach shall be approved by the ACOE, CDFG and RWQCB during the permitting process. One possible component of the on-site mitigation, to address the impacts of the box extension on the already disturbed Gypsum Canyon Creek channel, could include a rebuilt creek as a low-flow riparian corridor through the canyon mouth azea. Conceptually, the box extension shall act as a high-flow by-pass that efficiently conveys the more intense and destructive flood flows. The ripazian corridor shall extend upstream to the road crossing of Gypsum Canyon Creek. The ripazian corridor shall consist of a'riverine channel flanked by planted embankments. The riverine channel would be soft bottom and the ripazian vegetated floor would be nurtured by low and seasonal run-off diverted into it from a channel split from the new box culvert opening. This "splitter" shall consist of a junction opening that becomes a tunnel that would accommodate storm flows as well as wildlife movement under the road crossing to the riparian corridor. Reference: EIR § 5.3.8. 9. West Basin Off-Site Sanitary Sewer Connection Alternatives Description: The West Basin Off-Site Sanitary Sewer Connection alternatives would provide alternative off-site sanitary sewer connection options that could be implemented for the planned sanitary sewer facilities west of SR-241 that will connect to sanitary sewer facilities planned for the east basin communities: The proposed project would otherwise remain the same as described in Sections 3 and 4 of the EIR. West Basin Off-site sanitary sewer connection alternatives include (1) construction of a temporary force main to the Summit of Anaheim Hills residential community via Weir Canyon Road; or (2) construction of a gravity main to the Summit of Anaheim Hills residential community via Fallbrook Way. Finding: Changes or alterations have been required in, or incotporated into, the proposed project which avoid or substantially lessen the significant environmental effects regazding the West Basin Off-Site Sanitary Sewer Connection alternatives to below a level of significance. Public Resources Code § 21081(a)(1), Guidelines § 15091(a)(1). Facts in Support of Finding: Mountain Park Specific Plan Amendment Findings of Fact/Statement of Overriding Considerations Page 89 a. The West Basin Off-Site Sanitary Sewer Connection alternatives address alternative off--site sanitary connection options only. The proposed project would otherwise remain the same and these alternatives would meet the eight project objectives to the same extent as the proposed project.. b. The alternative that involves construction of a temporary Force main to the Summit of Anaheim Hills residential community via Weir Canyon Road (W-2) would have the potential to have a significant noise-related impact without mitigation. However, with Mitigation Measure Alt MM-2, potential impacts would be reduced to below a level of significance. c. The alternative that involves construction of a gravity main to the Summit of Anaheim Hills residential community via Fallbrook Way (W-3) is considered the environmentally superior alternative because it would not require an easement from a private land owner and would not require a sewer lift station with its associated indirect impacts. However, with mitigation, both West Basin Off=Site Sanitary Sewer Connection alternatives will have no significant impacts and the City considers each to be environmentally acceptable. Mitigation Measures: The following Mitigation Measure (MM) will be required and shall be a condition of project approval if the W-2 alternative is selected: Alt MM-2 Prior to the issuance of building permits for the sewer lift station, a detailed noise assessment shall be prepazed by a qualified acoustical consultant and submitted to the Planning Department for review and approval. The assessment shall utilize noise data provided by the manufacturer(s) of the equipment utilized at the station or noise measurements from substantially similaz facilities to project noise levels at the residences in the vicinity of the water pump station. Compliance with the City's Noise Ordinance shall be demonstrated and any measures required to meet the Noise Ordinance shall be described and incorporated into the plans for the water pump station. Reference: EIR § 5.3.9 VIIL ENVIRONMENTAL ISSUES DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROJECT. All environmental impact resource azeas identified in the Initial Study and in CEQA Appendix G -Checklist Form were analyzed in detail in the EIR. Based on the information presented in the project's Initial Study and responses to the project's NOP, the City determined that no impacts would occur for several environmental issues and, therefore, these issues are not addressed further in the EIR. Those environmental issues that were not considered to be potentially significant or applicable to the proposed project include the following: agricultural resources; gaseous odors; historic resources; soils incapable of supporting septic tanks; use, transport, disposal and/or emission of hazazdous materials; airport/aircraft hazazds and noise; flooding due to dam failure; seiche and mudflows, mineral resources; displacement of people or homes; change in air traffic patterns; and exceed wastewater treatment requirements. No substantial evidence has been presented to or identified by the City which would modify or Mountain Park Specific Plan Amendment Findings of FacVSlatement of Overriding Considerations Page 90 otherwise alter the City's less-than-significant determination for these environmental issues. Accordingly, the EIR does not analyze potential impacts of the proposed project as to these _ environmental issues. IX. FINDINGS REGARDING GROWTH INDUCING IMPACTS Guidelines Section 15126.2(d) requires that an EIR: Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment: Growth Inducing Impacts: As discussed in Section 6.3 of the EIR, the project would not increase the number of dwelling units on the project site beyond that assumed under existing land. use designations. Therefore,. the project would not directly induce or cause unexpected growth im the. area. Although the project proposes to construct new infrastructure facilities, the facilities will be site specific and will not induce additional growth not already included in the City's projections, and will not contain excess capacity that will encourage or promote growth in other areas. The remaining land that surrounds the project site is already developed or committed to preservation, so additional growth that might be indirectly induced by the project is limited. X. FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Guidelines Section 15126.2(c) indicates that: uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a lazge commitment of such resources makes removal or nonuse thereafter unlikely. The Guidelines also indicate that: irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. As referenced in `the EIR, development of the proposed project would. permanently alter the existing landscape of the site from a mainly undeveloped state to residential, recreational and open space land uses. As previously addressed, the project site would require landform modifications to prepaze the site for .development, which would permanently alter the. topographic landscape and visual chazacteristics of the site. Additional resources will be committed to the development of the site due to the need for building materials and the energy and water demands during construction and buildout. The proposed project would also require social services and public maintenance services, such as police, fire, school, library, water and sewer services. The City finds that the commitment of such resources is not Mountain Park Specifc Plan Amendment Findings of FacVStalement of Overriding Considerations Page 91 excessive or significant given the size of the proposed project and the amount of housing it will provide, and that the permanent loss of these non-renewable resources is justified giveg.the substantial benefits that the City and its citizens will receive from the project, including those listed in .Section XI, below. XL .STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Public Resources Code Section 21081(b) and the Guidelines Section 15093, the City has balanced the benefits of the proposed project against unavoidable adverse impacts to landform and aesthetics, air quality and potentially unavoidable adverse impacts regarding traffic associated with the proposed project and has adopted all feasible mitigation measures with respect to impacts to landform and aesthetics, air quality, and traffic. The City also has examined alternatives to the proposed project, none of which both meet the project objectives and is environmentally preferable to the proposed project. The City, after balancing the. specific economic, legal; social, technological, and other.. benefits of the proposed .project, has determined that the unavoidable adverse environmental impacts identified. previously may be considered "acceptable" due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed project.. Each of the separate benefits of the proposed project, as stated herein, is determined to be, unto itself and independent of the other project benefits, a basis for ovemding all unavoidable adverse environmental impacts identified in these Findings. 1. Housing Opportunities for City Residents and Southern California region The project will provide up to 2,500 homes for City residents and other residents of the Southern California Region. Southern California, including the City of Anaheim, is in the midst of a housing crisis, with an acute shortage of new housing units and rapidly escalating prices reflecting an extremely limited supply of new housing. Housing growth within the State of California, Southern California and the City of Anaheim has trailed population and employment growth rates for an extend period of time. Among other ill-effects, the shortage of housing in Orange County and the City of Anaheim has caused many persons employed in Orange County to seek housing in Riverside and San Bernardino Counties, increasing the daily commute of workers on the 91 Freeway, now one of the most congested freeways in the United States. The provision of additional housing in the City of Anaheim will reduce the need for additional daily commuters from Riverside and San Bernardino Counties, Further, the project will provide a diversity of different housing types, including both single family detached and attached homes. Each of the units are planned to be offered for individual sale, thereby allowing more residents of the City of Anaheim the oppoitunity to own their own homes. The project site is one of the few vacant areas of land available for development in the City of Anaheim and the surrounding region. Regulatory constraints have dramatically limited the amount of land available for the constriction of new homes. While some new homes can be built through the reuse or redevelopment of existing developed areas, opportunities for reuse and redevelopment aze relatively limited. Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 92 This provision of housing by the project addresses General Plan Housing Element Policies 2b.3 ("Facilitate, through City regulations, the construction of family housing") and 2b.7 ("Continue to provide a land use balance which helps to meet Anaheim's projected housing need"). The project further advances City policies by where it locates the housing units. Goal 7.1 of the Land Use Element encourages projects to "address the jobs-housing relationship by developing housing neaz job centers and transportation facilities. The project meets this Goal by providing housing neaz transportation comdors (SR-214, SR-261, and SR-91) and near commerciaLand industrial areas in the Canyon: These specific factors support the decision to approve the project despite the significant unavoidable impacts to landform/aesthetics, air quality; and traffic. Reference: EIR § 4.11 2. Open Space Preservation and Restoration The project includes 2,163 acres of preserved open space: 940 acres of NCCP/HCP Reserve; 913 acres of the Nature Conservancy Anaheim Conservation Easement (TNC ACE); and 310 acres of additional open space throughout the project site not related to the NCCP/HCCP Reserve or TNC ACE. In addition, the project includes restoration of 8.6 acres of existing open space immediately south of the existing quarry/mine to its natural condition. The project's open space dedications aze more than iequired to mitigate the relevant environmental impacts of the proposed project. The open space will protect the natural environmental and provide scenic, educational; recreational, and ecological benefits to the City: In addition to preserving and restoring open space, the project will provide managed access to currently inaccessible wildlife `azeas, thus increasing` the opportunities for passive recreation and enjoyment of the open space. These specific factors support the decision to approve the project despite the significant unavoidable impacts to lahdform/aesthetics, air quality, and traffic. Reference: EIR § 3. 3. Significant Financial Contribution for Schools The project will mitigate impacts to schools through a School Impact Mitigation Agreement between the project applicant and the Orange Unified School District. The School Impact Mitigation Agreement requires the project applicant to reserve land for an elementary school in Development Area 3 of the Mountain Park Specific Plan community (reservation of this site would allow OUSD to acquire the. site and provide school facilities) and provide funds for middle school and high school facilities beyond what is required to mitigate the impacts of the project and beyond what it required by the Government Code. As identified in the Mitigation Agreement, the project applicant has agreed to pay approximately $50 million for schools (State law would require approximately $21 million based upon standard state mandated school impact fees). As such, this is an ovemding benefit to school children and families within the City and to the City as a whole. Mountain Park Specific Plan Amendment Findings of FacUStatement of Overriding Considerations Page 93 These specific factors support the decision to approve the project despite the significant unavoidable impacts to landfonn/aesthetics, air quality, and traffic. Reference: EIR § 4.12.3; Appendix L (School Impact Mitigation Agreement) 4. Overriding Benefits Regarding Fire Protection The project applicant will dedicate land for a fire station, provide equipment and construct a new fire station. This dedication and improvement will provide mitigation beyond that required to address project impacts, and with this new fire station, response times for existing developed azeas in the vicinity of the project will decrease. This will improve public safety and is an overriding benefit to the City. In addition, the project includes a fuel modification plan to decrease fire risk and improves the emergency access to the project site. These specific factors support the decision to approve the project despite the significant unavoidable impacts to landform/aesthetics, air quality, and traffic. Reference: EIR § 4.12.1 5. Aesthetic Benefits The project will provide substantial aesthetic benefits to the City and its residents. For example, the project preserves existing views of major ridgelines for the majority of adjacent residences in accordance with Goa12.1 of the General Plan Green Element. Through the use of contour grading, terracing, other sensitive grading techniques, and the location of development well below the major ridgelines, the project also meets Goal 21.1 of the Community Design Element ("Preserve the Hill and Canyon's sensitive hillside environment and the community's unique identity"), Goal 8.1 of the Land Use Element (particulazly Policy 1: "Encourage the preservation of scenic vistas and views through Green Element Policies and Zoning Code development standazds"), Green Element Goal 14.3 ("Ensure that future development neaz regional open space resources will be sensitively integrated into surrounding habitat areas"), and Green Element Goal 1.1 ("Maintain strict standazds for hillside grading to preserve environmental and aesthetic resources"). Moreover, the proposed project will meet these General Plan goals more effectively than buildout under the existing Specific Plan would. In addition. to reinforcing and advancing General Plan Goals and Policies regazding aesthetics, the project will exceed the Municipal Codes requirements for tree replacement, thus providing further aesthetic benefits. Specifically, the City's policy regarding tree replacement requires specimen trees that aze removed to be replaced at a ratio between 2:1 and 4:1, but the project will replace removed trees at a ratio of 20:1. In addition to advancing these City policies, the project would remove the existing "dead end" at the end of Oak Canyon and replace it with more aesthetically pleasing access road surrounded by landscaping. These specific factors support the decision to approve the project despite the significant unavoidable impacts to landfomi/aesthetics, air quality, and traffic. Mountain Park Specific Plan Amendment Findings of FacUSlatement of Overriding Considerations Page 94 Reference: EIR § 4.2. 6. Provision of Public and Private Parks and Recreation Benefits The project will mitigate impacts regarding pazks and recreation by providing a 15-acre community sports park. The project will also provide one- and three-acre private pazks, as well as five pocket pazks of approximately 0.75 acres each, thus providing additional parkland area beyond that required to meet the demands of the project. In addition to this provision of parkland, the project will provide access and connectivity to currently inaccessible wilderness areas, thus increasing the opportunity for passive recreation and enjoyment of open space. These specific factors support the decision to approve the project despite the significant unavoidable impacts to landform/aesthetics, air quality, and traffic. Reference: EIR § 4.13 7. Transportation Improvements The project includes construction of the SR-241/Weir Canyon Road interchange with ramps to and from the south on SR-241 and construction of a bridge over SR-241 for Mountain Park Drive. The interchange is part of the regionally significant Eastern Transportation Corridor facility, and will serve transportation needs beyond those created by the project. These specific factors support the decision to approve the project despite the significant unavoidable impacts to landform/aesthetics, air quality, and traffic. Reference: EIR § 4.7 8. Improved Water System Reliability The project includes a 1,320-foot zone reservoir that will be sized to serve the project as well as other portions of the City's Hill and Canyon area that aze already developed. The other portions of the Hill and Canyon area that the 1,320-foot zone reservoir will serve currently receive their water supply through continuous pumping, which is less reliable than a reservoir system. As such, the 1,320-foot zone reservoir will not only provide water delivery to the project azea, but will improve the reliability of water delivery to other existing development in the City's Hill and Canyon azea. These specific factors support the decision to approve the project despite the significant unavoidable impacts to landform/aesthetics, air quality, and traffic. Reference: EIR § 3.0 XII. CONCLUSION Mountain Park Specific Plan Amendment Findings of FacUStalemenl of Overriding Considerations Page 95 For the foregoing reasons, the City of Anaheim concludes that the Mountain Park Specific Plan Amendment project will result in overriding benefits regarding the preservation and enhancement of open space, the provision of school facilities, and fire protection, aesthetics, parks and recreation, water delivery reliability, transportation, and housing opportunities, each of which, standing alone, outweigh the unavoidable environmental impacts of the project. 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RMPd r~., ," - Y rt , )4 ~,,, i t~~ ~ ff ~~1 i ~i i ~ ~ t ~ « i~ i +c~ ~ ~F 4 ~ P~~i t~ ~8~ D ~G$ ~ O ~~ ~ ~ r ~' i c'>` w , g sr ` e ~ rt g'„ ,! 0i i `' t C 0 ~~ 8 ! i y M - B P P ~ 9 ~~` b ~ d V- i Legend _- . ~„ ., ,.; Low-Medium Hillside Density Residential ( ___ up m 6 DU/ACI Low-Medium Density Residential .-~ tup 10 16 DU/ACI Open Spam Instlmtional School O Pirc Station DA i Deuelopmenl Area ® Community Park ~p.t Implemenlafion Zane ® Trallheadl9aging area (publid Toll Road Overcmssing Private Neighborhood Pad: O Toll Road Interchange © Pdwte Recreation Center se ~ s- Ciry of Anaheim Limit. ®evel®prnen~ Plcaro ~xhib6~ 3-4 Mountain Park Specific Plan Amendment EIR No. 331 n+aRh tt, zoos Source: r ,`;I ,aFlll~_ Not To Scale e.. 0 A B e B 1 A 1 A wee®el L! Olhar Open Space (370 saes) ; ~ Ezising LJndercrossngs ~~ NCCP(HCP Reserve (Nmuml Communities Cvnzervollon ~"'~~ ~ Ciry vi Anpheim Llmi:: O Proposed Riding & Hiking To?il Undercrossings Plvn/Ha6im; Conservation Plan (940 vcrezl Proposed Riding, Hikinv, Pedesldon and O School "~ TNC ACE (ihe Naspre Conservonry Arvheim Mounlvin Bike Tmil' Corsservafon Evsemenll (913 ocres( Q nre Slvlivn e ... e. Existing Regionvl Riding E Hiking Tmil ® I Itufionvl Community Park Pmpased On-Rood Ciry 3ikewvy (Class !p ~~k 'L -Medium Density Residanlial O TaFl Rood Overcrossing :usl vg Ov-Rood Bikeway ;Clan IQ ,__ d Lvw.Medium Hillzida Derslty Rezidamivl O Toll Road Imerhpnge Totvl Open Space Acrcs = T, I6J Rekrred Ic vs Prapasad Raciar;ol r'ding E Hiking T.vil pw Caunk Slvndcrd: ®gseav Space, 'i'raBi ~ i$ilcewcny Plcen Revised ~hibit 3-~ Mountain Park Specific Plan Amendment EIR No. 331 Jaae lo, Zoos Source: tt(:Irrr`.rn;tr Not To Scale .~.r ,~,~ _ . ~_ n ` ' A a. \ ~ , ` gg TA ANA RIVER - K a Z SAN a ...•'.. ' . ~ _ tR ~ .. ~9: j,. ~ ~ ~ 1 el .) _ -~ 1 ~'~ '~ ~~ ~ ~ A ~ ~` ya x ~ d Ll j p J ~ a "(. ICS ~~ ° ) ~,$ ' ~~ t S ~ ~ , ~'TWttrt~'G 1 . 1,.E ' iti ~'' i Iti~ ~c.Yr '"` f a`~' . z>~ ~ 1 /~ 1 ~ .,~ ~ zr , ~ 1 '~"~ t :IWAiF e4rt 2 i s: xra~ :~ ~~~, r w 1 d .cevit= 11 , r xF A ~ m ~ I { y Yi f ~~b ~ TF P ~ _ f s~ 4 t ;,", „Fi 11. s Sk 4' ~ S' ~ x...•.. ov,.- F , ~ ~ ~ J 1 v s ~ .y S W r l ` t. "' y ~ r 3 ~ ~ . 4 4 ~"K''r.` ~;1 ~ # ~' ~ x '~ f M1 ~ N f ~1 yr „ .i I vJ 1 "y'S.~ ~I .u ~' ~t ~ ~` ' ~ ~ 9s s $. .,,1r' r ~ ~~ 1 4 ' a t, ~...T.~„ 4 IRS ~"*.. ~~" ~w'~ '€'xr '`~~' ~ ° ` ~ c~ , 1 ~- ~ .. a ~ ~ ~ } t K 4 a+.lE.l £ :. 1~ ~ 1` ~ f ` ~ t 1 s ~'~ ? _~ ,~ r ~ 7 '~ '"~ Y~ x '~3 Y S s ? ~~ 1 ~ ~ GBF y(fa'` +~'kr.N ~ b 1ds~ ( r~"~ ,_ 1 ~a ax yu~a ~i1 "'~ .~S^A34. y1 ~ .'1 ~ ~ ri * u13 ~ ,.~~ z N ~ ti~ z } " /! ~.~ ~~ ~ ~ a"S ~ ~~• P ~.a .Y Y • :. y 1 4wi S ~i ~ 1 ~ ~ . ] ~ 8j; 4 . t f " L .h I Y 1 8 a ~ o- ~ 1 ., z ~ t -, ° • 1 ~ r z - , ~ F .•^ v'^ j ff i ~ a ~ i ~' P E~1 `~ 1 l S j t fl ~{ ~( F 4x 1"'v~. ' 6 4 Y 1 i' ~ k. t !+'< j }` Y ~ ` '^ ti' L _ a„ . 7 ~~ ~ ~ tiX ° ° + E y`' r L LEGEND -~ PR6GCi BGUM1DPAY PROPOSED DNJHAGE RDIINDMY s... _..,~ CItY OF ANAMFJMLIMITS y WATcR9W.1.ftYBASINS ....~-. yEGEfAtE-DPNNAGE SWALf ___,~, .~ IMaN~NaHGE KLQNEDI ~ FLM/UNES FROPOSE7i XIGH ROW SiGflM GRNN EXIHiNG STORM DNJY RESTGMIIGN MFA ' - - - - INOMAINIENANCEALLGWElI I PRGP0.5~0YPA885TDRM GRPIN PAD ~~ >.tGPGSED LW: FLGW SfGM1DRAIN LPNWCPPED M4N16ACNRF-SLOP'c5 ~c] ENERGY GLSSIPATOfl ~.„ PRGPGSEp CP1TRAN5 a WAIEROlIAL1iYFAGIM ------.__ GYPSUM CANYON CREEKBRUGU i0.4Y FLGW LIN3 '~~°N'" Proposed Drainage System Exhibif 3-9 Mountain Park Specdic PIDn Amendment EIR No. 331 AI°'"' 11•'0°' u, a. Salo i•. 1°°C '. Treated by WQ Basin d5a P Fire StationlTrailHead. " y~ \- _~ .\ ~ $ ~ ~ a' \~~ ~\j ~Y r `, ,, tea, : t ;~-; ,t ~ c ~ J e ry Caltrans £1... Basin ,.,_,., .r reatiy, Watershed Key Map L ~r+®'+a ~-era~r o~,~w m ~r ~~ -w MaF-RUVVOMmvpvmem POn, FUeoe Enpinevvp.000a e17'9e78$Ipti067 iBiIpP1 Mountain Park Specific Plan Amendn Samce bit 3-10 March 7 7, 2005 Legend Q Water ouality Basin Proposed Land Use Type ® Water Tank ~ Man-Made Slope __= City of Anahem Limits "Street --- Mountain Park Prefect Site Fedc ® Drainage Boundary `~_~ SFD O Wl7 Basin Treated Area ~ School ,, ~: •,~i AVQ Basin \ Blo-swale Treated Area %© Filter Strip \ Bio-swale Treated Area ~~ /ve, r) `~ „s `q~, °°°° 3C~Ur3Pp B tr sutvm River x ^ ~ D ~ - ~ fl TaI a ~°,~ ry °a°.°° Regi al FmP~ '" 4~ ~ e - ~ .y ~ke. ~ C 8 5¢•~nri~ ~~ it. Carrya~'<~ ' ~ F 0 ~ E a ~•~` ~ k `= 3 0 em° ~ °~° e ~ . . ~ ~ ~ ~ .°° e 4 e° • e c o ° ~•. r ° 8 ~ s e e a° _ I ° ~ ~q • ~ to°lipD PZI O°L Ce^Ity Cr ~ ~ _ ~e ~ ~~\~ ~~I i ~" ~ I Tx' 1-~'~ I ~ I 0• , ~ ~ C'~ ~I r I -;R ~ 0 ~ ~ °° ~ ~Ai II - I ~R ,~ i t .°--' rr ~~y~j~ I6'Ip2J\Pl S I:y~1' w iI .. ~~ ~ ~.4 ? i 8'D u - ~ ~,p ' DA7 ~Y i ! L ~ F 1 ,sue ~~ ~ .- x ., f 4 , ~. ~ - ~ ~ e ~ ~,,~ ~ ~ t ~ ~ v <,u.f ~ F rim , ~ ~ ~•C • , hi ~ ~ ~ ~i p y R p a ' 8 0" z 1 @ C ~ ~ ty ' m, . f~ ~ C ~ - & N y~ ~k oe I ~ ¢ / } ', v ` S 0 B w Y ° • , Yd ~ T " '1 try ";•- ice! ~ ~ I , ~ NOTE THIS IS A GRAPHIC 0.EPRESENTATION OF A PUNNING -, ENGINEERING CONCEPT. FINAL DESIGN SOLUFIONS AND PREUSE LOUTION fOR THESE FACILITIES WILL BE PROPOSED AND REVIEWED AS PART OF SURSEQUFNT PUN APPROVAL Legend Lnw-Medium Hillside Density Residential ~ Reservoir ~ , ' i TiD Zane LoswMedium Density Residential ~ Water Pump Station 900 Zone _ ~ Dpen Space ® Connegion la Existing Facility _ __ ~= 900 Zane Institutional ~5 School g',`-` n?0 Zane pp Development Arca O Fire 4alion O Toil Road Ove¢mssing Proposed \Vater Main Line ~ Community Pad: O Tnll Road Interchange ®®o== Existing 6Vamr Main Line .°°°°° [ily oFAnaheim Limits Wester Systenv Play 6xhibat 3-'i 1 Mountain Park Specific Plan Amendment EIR No. 331 March n, coos $ourre: a51 h :I u, Noe To Smle ____^. 0 1 1 E A e 0 9 .°~ ION OF A PUNNING DESIGN SOLUTIONS ESE FACILRIES WRl BE IftT OF SUBSEQUENT L Low-Aiedium Hillside Omsity Residential s- P ~"~~', tow-hltdlum Denslry' Residential I ' i Open Spacr. ~~ Institutional ~A Ocrvelopment Area Oil-Site fewer plain """"' Optional Sewer Line Connection ®®® Existing $.A.R:1. Trunk Sewer s° ^^^ ^ Existing Sewer Linc - "' Upgrade Existing Sewer ro 1 O" al Fire Station ® Cammunip~ Part: O Tall Road Overcrazsing O Toll Road Interchange ^^°^°. Ciry of Anaheim Limits San6fary Sewer Sys7eeaa Pfian Mountain Park Specific Plan Amendment EIR No. 331 ~X0'9i~96~ ~-~~ Morzh I1, 2005 Sou¢e:, Eli. t. :[ Nof To Scale --. ._ °L E B i 1 A E -e E t n- E 'a -- .o NNING (IONS WILL BE ?UENi Lec ~~ ~, I it DA Low-Medium Hillside Dens'iry Re.;idential Lnw-nncrlium Densih' Residential Open Space InstiNlianal Development Aren rroposeo main vas ripe Proposed Telephone /Cable Ezisling Crcui(fn Existing Duabanh Prnpus~d New Circuit in Existing DuttbanL ~i, New Elecrriml Substation Leing conslrucmd by CiM PmposM Underground T2KV Dishibution Circuits ~~~~~• Ciry of Anaheim Limiti $Q School Frc Station ® Cammuniry ParA O Toli Road Overcrossing Tall Road Inlemhangc ®ry Util6ties Plan ExFaebat 3-93 Mountain Park Specific Plan Amendment EIR No. 331 March 71,2005 Souo e: ~~ E',Itici?ietii;~ Not To Scale P P`MH ,- v S~ 9 ... .,.... ~P ~, ~ ~ / o /- , / SAN /, TA . ANA CANYON ~- / -- \ O • ® / ® ®®® ® ® / / ® ®® \ O O y2' iP O Z sg 4~ py 2 z / - n ®®®®PP`y-F \ ®O~l OAK CANYON '® .® \ p ® I N / ® ~® Sy'y / ~® ® 0 ® 0 / O ~~ ~ ®®® ~ o ~ / ' ~ / ~ _ .The Weir Canyon Road/SR-241 interchange is anticipated to be funded by the Transportation Corridor Agency through the use of toll revenues, \ corridor fees, .and/or reimbursement agreements a 0 \ with the project applicant (f'he Irvine Company). 0 a 1 Isgeod -- Prnj<ct Site liamdary - •ooooo0o New On-Site Loral Roadway .-.. ®.. New Arterial Roadway j ------- New Toll Road Ramp ~ Improved Arterial Roadway o0000o OH-Site Roadway Improvement 0 ® Improved Arterial Intersection s Project-Related Roadway Improvements i:xleibit 4.7-5 Mountain Park Specific Plan Amendment EIR No. 331 MaRI, l 1, zoos Sou¢e: Austim Fousl Assacioles, Inc., 2005 Not To Scale i ~T' .0 ~ _ r'' f ~-. i ~ \ ~ ~.. .~ ate'{ ~ d ~~i -~~ J_ ;r~,,~,~ ~~~=y~ >~ ~~~ ) i 14~1.t .~ i ~ rs q~~~~ ~ ~~ tlf ~ ~ {_ ~f ~ ~ r ~~~~ 4F r ~. ~ i ~ , .~#~r, _ Heiggh~t -~ ~ ,\ ,- y Noise Barrier ~' ~ `, ~ ~ ~' ~ ~ Berm Included _ _ . , , in Grading Plans Preliminary f+loise Harrier Mountain Park Specific Plan Amendment EIR No. 331 Source: Mesve Greve Associoles, 2005 i ~ ~, March 11,1005 $ ~~.l :v! ~. il~i ed s~~ -ti,~ ~ t~ ~ i ~4 8/ I ~ ~" G ] ~. d ~ A q [ ~ ~~~ ~J ` r Y f~ ~ f} ~~ ~_ 'S4 ~ ~i cl\ I -Y Y , _ _' 6 , u ,£ . v ~f~ ~; . r~ 1~~ ~`~ .., ' t r s s 'I~ ,~ • # ~;.E w.,,r,:~ °~ ~ r o a~ '1.'.rs~' ~ ~ 1~1~ 7 ~f T ~'y V 'Sk' rJ 3 >~ ~~ ~ ~~-~` {{ A ~~~ _ •~ C r ' C ~ v. .,: ~,. ;:. ~ Areas Where Residential -- 'v \ ( Structures Will Require - Mechanical Ventllalion Mechanical ~/entilation Areas Exhibit 4.9-8 Mountain Park Specific Plan Amendment EIR No. 331 Source: Mesire Greve Pssociales, 2005 ~ r~ t~ March 11, 2005 i I i~ _ i _. , ~, ~~ ~m ~.~_~'i. 3R-97 -,_~, ~~~~ _ f~ ' ~'~~" t e~~ (~ _ = , ~~t _ ~4 4~ ___ ';if °< ~` ~e_ ~~ ~. v. °y ~~ P pek CanYa a ~,c '- `~ 1'_ e 1 t' I. . f: ~ r1.1 a ~Y ~, 1 ~ lM1 1 ~/• 1. >-+~ ~_- ~, i~ >, _ s" ~ ~ ~ ~ ~. - - `- ~~ ,*tr- ~ c 11' -~ ~ ~. ~~ j, R~ r~~j~. (' ~ ~ ~ / ` __ -. k ~ y~ ~tt V1 1 ~ 59-~-r aY~. ~ y ~y~ ~'T~ 'Iv xf ~ ~ _ _ Q'~It aK ',~.'Zfi n ~. 'l P ~--~. "~ i ~,.rr ;S~ - - r i ~. "~", r-~AJ~~~ " f Nis Where Structures Will ~ ., v~ ; r flequlrea Deblled Malysls al Outdoor-to-Indoor Noise fleductlon interior iVoise 14nalysis Areas i:xhbit 4.9-9 Mountain Park Specific Plan Amendment EIR No. 331 meRn ii,soos Soerte: Meslre Greve Associates, Z~QS ~. ,~ l~ Mestre Greve Associates Mountain Park Page 36 Table 15 _. Required Best Available Control Measures (Rule 403 Table 1) Source Category Control Measure Guidance Backfilling 01-1 Stabilize backfill material when not + Mix backfill soil with water prior to actively handling; and moving Ol-2 Stabilize backfill material during ° Dedicate water truck or high capacity hose handling; and to backfiling equipment 01-3 Stabilize soil at completion of activity. + Empty loader bucket slowly so that no dust plumes are generated • Minimize drop height from loader bucket Clearing and Grubbing 02-1 Maintain stability of soil through pre- ° Maintain live perennial vegetation where watering of site prior to clearing and possible grubbing; and. ° Apply water in sufficient quantity to 02-2 Stabilize soil during clearing and prevent generation of dust plumes grubbing activities; and 02-3 Stabilize soil immediately after clearing and grubbing activities.. ....s ,~.,.,,,~ 03-1 Use water spray to clear forms; or 03-2 Use sweeping and water spray to clear. forms; or 03-3 Use vacuum system to clear forms ° Use of high pressure air to clear forms may cause exceedance of Rule requirements Crushing 04-1 Stabilize surface soils prior to operation ~ Follow permit conditions for crushing of support equipment; and equipment 04-2 Stabilize material after crushing. • Pre-water material prior to loading into crusher • Monitor crusher emissions opacity • Apply water to crushed material to prevent dust plumes Cut and Fill OS-1 Pre-water soils prior to cut and fill • For large sites, pre-water with sprinklers or activities; and water trucks and allow time for penetration OS-2 Stabilize soil during and after cut and ° Use water truckslpulls to water soils to fill activities: depth of cut prior to subsequent cuts Mestre Greve Associates Table 15 (Continued) Required Best Available Source Control uvlwm~ - ivxccuawcai 06-1 Stabilize wind e reduce dust; and to 06-2 Stabilize surface soil where support equipment and vehicles will operate; and 06-3 Stabilize loose soil and demolition debris; and 06-4 Comply with AQMD Rule 1403. Rule 403 Table 1 Mountain Park Page 37 • Apply water in sufficient quantities to prevent the generation of visible dust plumes Disturbed Soil 07-1 Stabilize disturbed soil throughout the • Limit vehicular traffic and disturbances on construction site; and soils where possible 07-02 Stabilize disturbed soil between • If interior block walls are planned, install structures as early as possible Apply water br a stabilizing agent in sufficient quantities to prevent the generation of visible dust plumes Earth-Moving Activities 08-1 08-2 08-3 activities are complete. of tfuix Materials 09-1 Stabilize material while loading to reduce fugitive dust emissions; and 09-2 Maintain at least six inches of freeboard on haul vehicles; and 09-3 Stabilize material while transporting to reduce fugitive dust emissions; and 09-4 Stabilize material while unloading to reduce fugitive dust emissions; and 09-5 Comply with Vehicle Code Section 23114. • Use tarps or other suitable enclosures on haul trucks • Check belly-dump truck seals regularly and remove any trapped rocks to prevent spillage • Comply with track-out prevention/mitigation requirements • Provide water while loading and unloading to reduce visible dust plumes Pre-apply water to depth of proposed • Grade each project phase separately, t cuts; and to coincide with construction phase Re-apply water as necessary to maintain • Upwind fencing can prevent material soils in a damp condition and to ensure movement on site that visible emissions do not exceed 100 . Apply water or a stabilizing agent in feet in any direction; and sufficient quantities to prevent the Stabilize soils once earth-moving generation of visible dust plumes Mestre Greve Associates Mountain Park Page 36 Table 15 (Continued) -- ---- Required Best Available Control Measures (Rule 403 Table 1) Source Category Cnn}rnl Maacuro r:nidancc 1,anascapmg 10-1 Stabilize soils, materials, slopes • Apply water to materials to stabilize Maintain materials in a crusted condition • Maintain effective cover over materials Road Shoulder Maintenance I l-1 Apply water to unpaved shoulders prior to clearing; and I 1-2 Apply chemical dust suppressants and/or washed gravel to maintain a stabilized surface after completing road shoulder maintenance. Screening 12-1 Pre-water material prior to screening; and 12-2 Limit fugitive dust emissions to opacity and plume length standards; and 12-3 Stabilize material immediately after screening. • Stabilize sloping surfaces using soil binders until vegetation or ground cover can effectively stabilize the slopes • Hydroseed prior to rain season • Installation of curbin;'and/or paving of road shoulders can reduce recurring maintenance costs • Use of chemical dust suppressants can inhibit vegetation growth and reduce future road shoulder maintenance costs • Dedicate water truck or high capacity hose to screening operation • Drop material through the screen slowly and minimize drop height • Install wind barrier with a porosity of no more than 50% upwind of screen to the height of the drop point. Staging Areas 13-1 Stabilize staging areas during use; and • Limit size of staging area' 13-2 Stabilize staging area soils at project • Limit vehicle speeds to 15 miles per hour completion. • Limit number and size of staging area entrances/exists Stockpiles/ Bulk Material Handling 141 Stabilize stockpiled materials. • Add or remove material from the 142 Stockpiles within 100 yards of off-site downwind portion of the storage pile occupied buildings must not be greater • Maintain storage piles to avoid steep sides than eight feet in height; or must have a or faces road bladed to the top to allow water truck access or must have an operational water irrigation system that is capable of complete stockpile coverage. Mestre Greve Associates Mountain Park Page 39 Table 15 (Continued) Required Best Available Control Measures (Rule 403 Table 1 Source Category Control Measure Guidance Traffic Areas for Construction Activities 15- i Stabilize all off-road traffic and parking • Apply gravel/paving to all haul routes as areas; and soon as possible to all future roadway areas 15-2 Stabilize all haul routes; and • Barriers can be used to ensure vehicles are 15-3 Direct construction traffic over only used on established parking areas/haul established hauLroutes. routes Trenching 16-1 Stabihze surface soils where trencher or •Pre-watering of soils prior to trenching is excavator and support equipment will an effective preventive measure. operate; and • For deep trenching activities, pre-trench to 16.2 Stabilize soils at the completion of 18 inches, soak soils via the pre-trench, and trenching activities. resume trenching Washing mud and soils from equipment at the conclusion of trenching activities to prevent crusting and drying of soil on equipment Truck Loading 17-1 Pre-water material prior to loading; and • Empty loader bucket such that no visible 17.2 Ensure that freeboard exceeds six dust plumes are created inches (CVC 23114) • Ensure that the loader bucket is close to the truck to minimize drop height while. loading 18-1 Apply sufficient water immediately • Haul waste material immediately off-site prior to conducting turf vacuuming - activities to meet opacity and plume length standards; and 18-2 Cover haul vehicles prior to exiting the site. Mestre Greve Associates Mountain Park Page 40 Table 15 (Continued) Required Best Available Control Measures (Rule 403 Table 1) Source Category Control Measure Guidance Unpaved Roads/Parking Lots. 19-t Stabilize soils to meet the applicable ^ Restricting vehicular access to established performance standards; and unpaved travel paths and parking lots can 19-2 Limit vehicular travel to established reduce stabilization requirements unpaved roads (haul routes) and unpaved parking Tots. Vacant Land 20-I In instances where vacant lots are 0.10 acre or larger and have a cumulative area of 500 square feet or more that are driven over and/or used by motor vehicles and/or off-road vehicles„ prevent motor vehicle and/or off-road vehicle trespassing, parking and/or access by installing barriers, curbs, fences, gates, posts, signs, shrubs, trees or other effective control measures. Mestre Greve Associates Table 16 Mountain Park Page 41 Dust Control Measures for Large Operations (Rule 403 Table 2) Fugitive Dust Source Category Earth-moving (except construction cutting and filling areas, and mining operations) (la) Malntam soil moisture content at a minimum of 12 percent, as determined by ASTM method D2216, or other equivalent method approved by the Executive Officer, the California Air Resources Board, and the U.S. EPA. Two soil moisture evaluations must be conducted during the first three hours of active operations during acalendar day, and two such evaluations each subsequent four-hour period of active operations; OR (la- t) For any earth-moving which is more than 100 feet from all property lines, conduct watering as necessary to prevent visible dust emissions from exceeding 100 feet in length in anv direction. Earth-moving: Construction till areas: (lb) Mamtam soil moisture content at a minimumof 12 percent, as determined by ASTM method D2216, or other equivalent method approved by the Executive Officer, the Califomia Air Resources Board, and the U.S. EPA. For areas which have an optimum moisture content for compaction of less than 12 percent, as determined by ASTM Method 1557 or other equivalent method approved by the Executive Officer and the California Air Resources Board and the U.S. EPA, complete the compaction process as expeditiously as possible after achieving at least 70 percent of the optimum soil moisture content. Two soil moisture evaluations must be conducted during the first three hours of active operations during a calendar day, and two such evaluations during each subsequent four-hour period of active operations. Earth-moving: Construction cut areas and mining operations: (lc) Conduct watering as necessary to prevent visible emissions from extending more than 100 feet beyond the active cut or mining area unless the area is inaccessible to watering vehicles due to slope conditions or other safety factors. Disturbed surface areas (except completed grading areas) (2a/b) Apply dust suppression in sufficient quantity and frequency to maintain a stabilized .surface. Any areas which cannot be stabilized, as evidenced by wind driven fugitive dust must have an application of water at least twice per day to at least 80 percent of the unstabilized area. Disturbed surface areas: Completed grading areas (2c) Apply chemical stabilizers within five working days of grading completion; (2d) Take actions (3a) or (3c) specified for inactive disturbed surface areas. Mestre Greve Associates Mountain Park Page 42 Table 16 (Continued) Dust Control Measures for Large Ouerations (Rule 403 Table 2 Fugitive Dust Source Category Control Actions Inactive disturbed surface areas (3a) Apply water to at least 80 percent of all inactive disturbed surface areas on a daily basis when there is evidence of wind driven fugitive dust, excluding any areas which are inaccessible to watering vehicles due to excessive slope or other safety conditions; OR (3b) Apply dust suppressants insufficient quantity and frequency ro maintain a stabilized surface; OR - (3c) Establish a vegetative ground cover within 21 days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting, and at all times thereafter; OR (3d) Utilize any combination of control actions (3a), (3b), and (3c) such that, in total, these actions apply to all inactive disturbed surface areas. unpavea tcoaas (4a) Water all roads used for any vehicular traffic at least once per every two hours of active operations [3 times per normal 8 hour work day); OR (4b) Water all roads used for any vehicular traffc once daily and restrict vehicle speeds to 15 miles per hour, OR (4c) Apply a chemical stabilizer to all unpaved road surfaces in sufficient quantity and frequency to maintain a stabilized surface. Open storage piles (Sa) Apply chemical stabilizers; OR (Sb) Apply water to at least 80 percent of the. surface area of all open storage piles on a daily basis when there is evidence of wind driven fugitive dust; OR (Sc) Install temporary coverings, OR (Sd) Install athree-sided enclosure with walls with no more than 50 percent porosity which extend, at a minimum, to the top of the pile. This option may only be used at aggregate-related plants or at cement manufacturing facilities. All Categories (6a) Any other control measures approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified in Table 2 may be used. Mestre Greve Associates Table 17 for Category Mountain Park :Page 43 Earth-moving ' (lA) Cease all active operations; OR (2A) Apply water to soil not more than l5 minutes prior to moving such soil. rbed surface areas (OB) On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for not more than four consecutive days: apply water with a mixture of chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months; OR (IB) Apply chemical stabilizers prior to wind event; OR (2B) Apply water to all unstabilized disturbed areas 3 times per day. If there is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of four times per day; OR (3B) Take the actions specified in Table 2, Item (3c); OR (4B) Utilize any combination of control actions (1B), (2B), and (3B) such that, in total, these actions apply to all disturbed surface areas... aved Roads (iC) Apply chemical stabilizers prior to wind event; OR (2C) Apply water twice per hour during active operation; OR _ (3C) Stop all vehicular traffic Open Storage Piles (iD) Apply water twice per hour; OR (2D) Install temporary coverings. Paved Road Track-Out (1 E) Cover all haul vehicles, OR (2E) Comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. All Categories (I F) Any other control measures approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified in Table 3 may be used. Exhibit 3 ERRATA: Mitigation Monitoring Program No. 137 Upon completion of the Draft EIR and Responses to Comments document, staff identified recommended clarifications to a Mitigation Measure (PDF 7-2) of the Draft EIR. These clarifications have been reflected in Mitigation Monitoring Program No. 137 .and the Statement of Findings of Fact and Statement of Overriding Considerations of Final EIR No. 331. "PDF 7-2 The Mountain Park Specific Plan includes a circulation system including the following off-site roadway improvements (refer to Exhibit 4.7-5 of the Draft EIR included in Attachment A) identified in the Mountain Park Specific Plan, the City of Anaheim General Plan and Orange County Master Plan of Arterial Highways. The development area plans and tentative tract or parcel maps, submitted for review and approval, shall incorporate preliminary street design features (i.e., cross-sections, alignment and grades) demonstrating that the proposed circulation system is consistent with that defined in the Mountain Park Specific Plan, the City of Anaheim General Plan and the Orange County Master Plan of Arterial Highways. • Gypsum Canyon Road -improved from a two-lane undivided roadway to a four-lane divided roadway from the SR-91 westbound off-ramp to the proposed Santa Ana Canyon Road realignment. A construction contract for improvements to this portion of Gypsum Canyon Road shall be awarded prior to issuance of the first building permit in development areas east of SR-241. The improvements shall be substantially completed prior to fhe first final building and zoning inspection for the first phase of development for areas east of SR-241. • Santa Ana Canyon Road -Realign and improve from atwo-lane undivided roadway to a four-lane divided roadway from SR-241 to Gypsum Canyon Road. A construction contract for improvements to this portion of Santa Ana Canyon Road shall be awarded prior to issuance of the first building permits in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development far areas east of SR-241. • Weir Canyon Road (Oak Canyon Drive to Blue Sky Way) - Restr(pe approximately 600- feet to transition from asix-lane roadway at Oak Canyon Drive to a four-lane roadway at Blue Sky Way prior to issuance of the first building permits for Development Areas 3 or 7, whichever occurs first. • Weir Canyon Road (Blue Sky Way to SR-241) -Construct as a four-lane divided roadway from Blue Sky Way to SR-241 (includes elimination of the northbound left-tum lane at the Weir Canyon RoadlBlue Sky Road intersection). Improvements to this portion of Weir Canyon Road shall be completed prior to the first final building and zoning inspection for Development Areas 3and~ or 7. whicheveroccurs first. • Gypsum Canyon Road and SR-91 Westbound Ramp intersection -Add second northbound through lane. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permits for development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east of SR-241 • Gypsum Canyon Road and SR-91 Eastbound Ramp intersection -Add second northbound and southbound through lanes. A construction contract for improvements to this portion of intersection shall be awarded prior to issuance of the first building permits in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development areas for east of SR-241. • Gypsum Canyon Road/Santa Ana Canyon Road intersection -Improve to provide iwo southbound through lanes and a southbound right-tum lane, two northbound through lanes and a .northbound left-tum Zane, and two eastbound left-turn lanes and an eastbound right-tum lane. A construction contract for fmmprovements to this intersection shall be awarded prior to the issuance of the first building permits in development areas east of SR-241. The improvements shall be substantially completed prior to the first final building and zoning inspection for the first phase of development for areas east. of S R-241. Oak Canyon Drive, east of Running Springs Road -This portion of Oak Canyon Drive within City right-of-way will be abandoned by the City of Anaheim and improved with a vehicle maintenance road and landscaping (see Exhibit 3-17). The maintenance road will be gated, to the satisfaction of the CityEnoineer. Improvements associated with this portion of Oak Canyon Drive within City right-of-way shall be substantially completed prior to issuance of the first building permit in development areas west of SR-241. tac e ®e (DRAFT] RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2005-00436 MODIFYING THE SAFETY ELEMENT OF THE ANAHEIM GENERAL PLAN WHEREAS, on May 25, 2004, the City Council of the City of Anaheim approved a comprehensive update to the Anaheim General Plan by Resolution No. 2004-95, which plan may be amended from time to time; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition from the applicant for an amendment to the Safety Element of the General Plan to modify Figure S-5 "Fire Protection Areas' to remove certain portions of the Mountain Park Specific Plan No. 90-4 project area from the Very High Fire Hazard Severity Zone designation as depicted in Figure 2 attached to this Resolution and redesignate said areas to the Special Protection Area designation as depicted in Figure 3 attached to this Resolution, and which Figures are incorporated herein as if set forth in full; WHEREAS, the Anaheim General Plan designates the Mountain Park Specific Plan No. 90-4 area for a maximum of 2,500 residential units (485 units in the Low-Medium Density Residential land use designation and 2,015 units in the Low-Medium Density Residential land use designation), a fire station site, a park site, a school site, trails and open space. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for an amendment to the Mountain Park Specific Plan No. 90-4 (including an amendment to the Zoning and.' Development Standards set forth in Chapter 18.112 of the Anaheim Municipal Code) to implement the- General Plan designations; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at EI Rancho Middle School, 181 South Del Giorgio Road in the City of Anaheim on July 27, 2005, at 6:00 p.m., notice of said public hearing having been duly given as required by .law and in accordance with the provisions of the. Anaheim Municipal Code,. to hear and consider evidence for and against said General Plan Amendment and to investigate. and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due .inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts:. 1. That Figure S-5 ("Fire Protection Areas") of the Safety Element of the City of Anaheim General Plan identifies the Mountain Park Specific Plan No. 90-4 area as being located in a Very High Fire Hazard Severity Zone and that this designation is applied to ridgeline areas and. undeveloped wildland areas located east of the Costa Mesa (SR-55) Freeway and south of the Riverside (SR-91) Freeway and undeveloped land east of the Eastern Transportation Corridor (SR-241) to the Riverside County line. 2. That all other areas within the City located east of the Costa Mesa (SR-55) Freeway, and south of the Riverside (SF2-91) Freeway; are designated as Special Protection Areas. 3. That the Mountain Park Specific Plan area is identified on the Anaheim General Plan for development of up to 2,500 residential dwelling units, a fire station site, a park site, a school site, trails and open space. 4. That an amendment to the Mountain Park Specific Plan No. 90-4 is proposed to implement the adopted General Plan land use designations. 5. That the Mountain Park Specific Plan No. 90-4 amendment includes a description of the fuel modification design criteria proposed for the project site and that a Preliminary Fire Master Plan (included as Cr\PC2005-009 -1- PC2005-9 Appendix R to the Final EIR No. 331) has been prepared for the Mountain Park Specific Plan area in connection with the Specific Plan amendment and that said plan includes measures that will be incorporated into the development to protect against wildland fires. 6. That the California Board of Forestry and Fire Protection has submitted a letter, dated June 14, 2005, indicating that the Board has determined that the proposal for redefinition of the Very High Fire Hazard Severity Zone designation for the Mountain Park Specific Plan development areas and. adjacent fuel modification areas is appropriate and that a copy of said letter is included in the FEIR No. 331 Response to Comments document (Volume IV of FEIR No. 331). 7. That an amendment is necessary to maintain consistency between the goals and policies of each of the Elements of the General Plan; 8. That the proposed amendment maintains the internal consistency of the General Plan; 9. That the proposed amendment would not be detrimental to the public interest, health, safety convenience, or welfare of the City; and 10. That the proposed Amendment would maintain the balance of land uses within the City. 11. That _ indicated their presence at said public .hearing in opposition; and that _ correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Ciry Planning. Commission, as set forth in its Resolution No. dated July 27, 2005, based upon its review of the Proposed Actions, FEIR No. 331, and the Statement of Findings of Fact and Statement of Overriding Considerations, and having considered evidence presented at the public hearing on the Proposed Actions, recommends that the City Council, as lead agency for the Proposed Actions, independently review and analyze FEIR No. 331 and find that it reflects the independent judgment of the City Council, and unless additional or dontrary information is received during the City Council's public hearing on the Proposed Actions; certify FEIR No. 331 and adopt the attached Statement of Findings of Fact and Statement of Overriding Considerations, and pursuant to Section 21081.6 of the Public Resources Code, that the City Council adopt that certain monitoring program described as "Mitigation Monitoring Program No. 137" to mitigate or avoid significant effects on the environment to ensure compliance during project implementation, requiring that the project be conditioned upon compliance with said Mitigation Monitoring Program No. 137; and, further, determine the following: that the Proposed Actions are within the scope of FEIR No. 331; that FEIR No. 331 has been completed in compliance with CEQA and the State and City CEQA Guidelines; and, that FEIR No. 331 is adequate to serve as the required environmental documentation for the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, the Anaheim Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2005-00436 pertaining to the Safety Element of the Anaheim General Plan. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2005-9 I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005-9 peo w/uep Leo pec uo6ue~ wnsdA pec uo6ueo pia p~ena~ni ~uouup ,teMyE ~euad m M v 0 0 o a N ~ C C N C m E o E ~ m m ~ w U j E D~ ~ Q °-' « u_ m 'c l0 N U a > m v c w EXISTING FIRE PRGTECTION AREAS (FIGURE S-5} ACRES VERY HIGH FIRE HAZARD SEVERITY ZONE SANTA ANA RIVER Very High Fire Ha: Severity Zone 674.45 ;..,I Very High Fin: Hazard 1. Severity Zone 1 Very O 9 ~' Special Fire Protection Area 0 ~ ~ ~+ Existing Very High Hazard SeverityE Very High Fire Hazard ~, Severity Zone General Plan Amendment No. 2005-00436 Safety Element Existing Figure 2 O 0 a Key to Features: ~r Anaheim City Boundary ® ~ Mountain Park ProjeU Boundary Mountain Park DevelopmentAreas Very High Fire Hazard Sevedry Zone 1939 EXHIBIT P. -PROPOSED FIRE PROTECTION P.REAS (FIGURE SPECIAL PROTECTION AREA SANTA ANA RIVER W~ ~ o Special Fire Protection Area Pmtecticn ACRES 674.45 ......,__. /~ ~. 3~ Very Hrgh Frre Hazard v Severty Zone O !ir 0 I~~~~. z 1 Very High Fire Hazard Severity Zone Pmtecfion Very High Fire General Plan Amendment No. 2005-00436 Safety Element Exhibit A Figure 3 ~'~ 0 Key to Features: C Anaheim City Boundary ®~ Mountain Park Projacl Boundary +'-"~~~~:.">`~~ MaunWin Park Development Areas Very High F've Hazard Severity Zane 1939 RESOLUTION NO. PC2005- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AMENDMENT NO. 1 TO THE MOUNTAIN PARK SPECIFIC PLAN NO. 90-4 (SPN2005- 00031), AMENDING THE SPECIFIC PLAN AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.112 OF THE ANAHEIM MUNICIPAL CODE: WHEREAS, on August 27, 1991, the City Council of the City of Anaheim adopted Resolution Nos. 91 R-263 and 91 R-264 approving the Mountain Park Specific Plan No. 90-4 (including a Public Facilities Plan and Zoning and Development Standards) to provide for the development of an approximate 3,179-acre site (the "Mountain Park area") located within the County of Orange in the City of Anaheim's sphere-of-influence and generally bordered on the north by the Riverside Freeway (SR-91) and the Gypsum Canyon Road interchange, on the west by The. Summit of Anaheim Hills and Sycamore Canyon developments in the City of Anaheim and as further described in Attachment A of City Council Resolution 91 R-263. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of up to 7,966 residential dwelling units, 179 acres of commercial uses, schools, parks and public facilities and provides for hiking and riding trails and open space areas; and WHEREAS, in connection with the adoption of Resolution Nos. 91R-263 and 91R-264, the City Council certified Final Environmental Impact Report No. 302, witha Statement of Findings and Facts and a Statement of Overriding Considerations; and adopted a Mitigation Monitoring Program; and: WHEREAS, on September 11, 1991, the City Council adopted Ordinance No. 5253 to reclassify the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No. 5254 to establish the zoning and development standards for the specific plan as part of Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, on November 5, 1991, the City Council adopted Ordinance No. 5271 authorizing the City to enter into Development Agreement No. 91-01 between the City of Anaheim and the property owner ("The Irvine Company") to further provide for the development of the Mountain Park Specific Plan No. 90-4. On June 2, 1992, Development Agreement No. 91-01 was executed between the City of Anaheim and The Irvine Company and subsequently recorded in the Official Records of Orange County; and WHEREAS, on May 26, 1992, 2,339 acres of the Mountain Park site were annexed to the City of Anaheim, with the remaining site acreage remaining as unincorporated land in the County of Orange; and WHEREAS; in 2001, the City of Anaheim commenced work on a citywide comprehensive update of the General Plan and Zoning Code and, in connection with said update, the legal property owner ("The Irvine Company") requested that the City study and incorporate contemplated revisions to the Mountain Park Specific Plan land uses as part of the General Plan Update. The proposed amendments for the Mountain Park area included redesignating the property to the Low Medium Density Residential and Low-Medium Hillside Density Residential land use designations and limiting the maximum number of units to 2,500 dwelling units (485 dwelling units maximum in the Low-Medium Hillside designation and 2,015 dwelling units maximum in the Low Medium.. Density Residential land use designation) and further allowing for the development of a fire station site, a park site, a school site,. trails and open space.. The proposed amended land uses were depicted and evaluated in the Citywide General Plan Update Program and associated FEIR No. 330 that was considered and approved by City Council on May 25, 2005; and WHEREAS, in connection with the General Plan Update, at the request of the applicant, the City. , Council on May 25, 2004, adopted Ordinance No. 5924 approving an Agreement with The Irvine Gompany to terminate Development Agreement No. 90-01, and subsequently, the cancellation of the Development Agreement was recorded in the Official Records of Orange County on October 4, 2004; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition from the legal property owner ("The Irvine Company") for an amendment to the Mountain Park Specific Plan No. 90-4 (including an amendment to the Zoning and Development Standards set forth in Chapter 18.112 of the Anaheim Municipal Code) to implement the adopted City of Anaheim General Plan designations for the Mountain Park Specific Plan area; and WHEREAS, the Mountain Park Specific Plan No: 90-4 amendment area consists of approximately 3,001 acres including 2,161 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence (an additional approximately 172 acres which was also annexed to the City of Anaheim and which bisects the western portion of the Mountain Park site have been developed with the Eastern Transportation Corridor (SR- 241). The updated property description is set forth in Exhibit 1 to this Resolution and incorporated herein as if set forth in full; and, WHEREAS, Amendment No. 1 to the Mountain Park Specific Plan No: 90-4 modifies the Specific Plan document and to the Zoning and Development Standards to implement the adopted City of Anaheim General Plan by reducing the number of residential units from a maximum of 7,966 to a maximum of 2,500; amending the City of Anaheim. Zoning Code (Chapter 18.112) to replace and supersede current Zoning ahd Development Standards; and; provides for the following uses: a City fire station; a school site and public community park; public and private recreational facilities, including riding and hiking trails and a trail staging area; an interpretive center and store concession; and roadways and utilities necessary to serve the proposed development; and, WHEREAS, the applicant has submitted an amended Specific Plan document identified as "Mountain Park Specific Plan No. 90-4, Amendment No. 1" which is identified as Volume II of FEIR No. 331, on file with the Planning :Department, which Specific Plan document is incorporated herein as if set forth in full, as amended to incorporate Refinements and Clarifications provided to the Anaheim Planning Commission as part of the July 27, 2005 Staff Report, which refinements and clarifications are attached hereto as Exhibit 2; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at EI Rancho Middle School, 181 Del Giorgio Road in the City of Anaheim on July 27, 2005, at 6:00 p.m.; notice of said public hearing having been duly given as required by .law and in accordance with the provisions of the Anaheim Municipal Code; Chapter 18.60, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Anaheim Planning Commission, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the property proposed for the proposed Mountain Park Specific Plan No. 90-4, Amendment No. 1 has unique site characteristics such as topography, location or surroundings as described in the Specific Plan identified as Exhibit A on file in the City of Anaheim Planning Department and in Volume II of FEIR No: 331 that are enhanced by pecial land use and development standards; and 2. That the proposed Mountain Park Specific Plan No. g0-4, Amendment No. 1 is consistent with the goals, objectives and policies of the Anaheim General Plan; including the standards and land use guidelines provided therein and that an analysis of the Specific Plan's consistency with the General Plan is provided in the Appendix A of the Specific Plan document dated March 2005 and incorporated as Volume II of FEIR No. 331 and, further identified as Exhibit A on file in the City of Anaheim Planning Department; and 3. That the proposed amendment to the Specific Plan would result in development of a desirable character by permitting land uses which are compatible with both the existing and proposed development in the surrounding neighborhood; and., that future development of the property would be enhanced by the special land use and development standards set forth in the Mountain Park Specific Plan No. 90-4; Amendment No. 1; and 4. That the specific plan respects environmental, aesthetic and historic resources consistent with economic realities; and z 5. That the amendment to the Specific Plan would result ih a reduction of residential density from 7;966 units to up to 2,500 units; however, in accordance with the findings required pursuant to Government Code-_ Section 65863, the proposed reduction in density is consistent with the adopted General Plan, including the Housing Element, and sufficient "additional, adequate and available sites" with an equal or greater residential capacity, have been identified in the City of Anaheim so that there is no net loss of residential unit capacity as demonstrated by the following: a: As indicated in the adopted City of Anaheim General Plan Housing Element, the Southern California Association of Governments (SCAG) has identified the City's Regional Housing Needs as being 2,710 very low income units, 1,639 low income units; 2,625 low-moderate units and 4,534 above-moderate income units. b: Overall, the City of Anaheim General Plan, as updated ih May, 2004, provides for a slightly greater number of dwelling units (up to 129,159 units) than provided through the previously- existing General Plan (up to 126,821 units) and maintains the above-noted low income and low- moderate income dwelling unit requirements and more than satisfies the number of required above- moderate units. While some density reductions were adopted as part of the General Plan Update in certain areas of the City (e.g., the Mountain Park Specific Plan area and within some primarily single- family residential neighborhoods in and' around The Colony historic district), this is balanced by the introduction of additional residential development in the Downtown area (approximately 1,000 new housing units) and The Platinum Triangle (up to 9,175 new housing units) as well as opportunities to redevelop underutilized mid-block commercial areas with residential uses in the central and western portions of the City. c. The City's assigned number of above-moderate income housing units identified in the Housing Element is 4,534. The Element also provides credit for 750 units which have been constructed since 1998, leaving a remaining balance of 3,784 units to be accommodated. It was presumed when the Housing Element was adopted that many, if not all, of this remaining balance would be developed within the Mountain Park Specific Plan area. When the General Plan was updated in 2004, the land use designations for the Mountain Park area were modified to cap the density at a maximum of 2,500 dwelling units (versus the 7,966 units originally designated and entitled as part of the Mountain Park Specific Plan No. 90-4). As a result, 1,284 of the above-moderate income units originally assumed for Mountain Park are now being accommodated elsewhere in the City: For example, the 9,175 units adopted for The Platinum Triangle alone will more than accommodate the remaining balance of above- moderate income units identified in the Housing Element. d. Although the Zoning Code has no requirement for inclusionary housing, the project applicant has agreed to the following condition of approval (Attachment 4): "Upon release for sale of any attached units within Development Area 5, the property owner/ builder will notify the Community Development Department of the sales prices of the attached units. If any of the units are within the affordable price range as defined by the Community Development Department, the property owner! builder will, for a period bf sixty (60) days from the release for sale, make up to twenty (20) percenf of the released units exclusively available to the City to submit buyers to the property owner/builder. If the City determines to use down payment assistance; the precise program, the number of units involved and the degree of assistance for first time buyers will be based upon available funding as determined by the City of Anaheim." e. In September, 2004, the City Council adopted The Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay Zone and a Standardized Development Agreement to implement the PTMU Overlay Zone. These actions provide the planning framework and zoning for the implementation of the 9,175 units in The Platinum Triangle. 6. That _ indicated their presence at said public hearing in opposition; and that _ correspondence was received in opposition to the subject action. 3 WHEREAS, the proposed Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 Zoning and Development Standards are identified in the attached draft ordinance in Exhibit 3 and incorporated herein as if set forth in full.. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: The Anaheim City Planning Commission, as set forth in its Resolution No. dated J'uIy 27, 2005, based upon its review of the Proposed Actions, FEIR No. 331, and the Statement of Findings of Fact and Statement of Overriding Considerations, and having considered evidence presented at the public hearing on the Proposed Actions, recommends that the City Council, as lead agency for the Proposed Actions, independently review and analyze FEIR No. 331 and find that it reflects the independentjudgment of the City Council, and unless additional or contrary information is received during the City Council's public hearing on the Proposed Actions, certify FEIR No. 331 and adopt the attached Statement of Findings of Fact and Statement of Overriding Considerations, and pursuant to Section 21081.6 of the Public Resources Code, that the City Council adopt that certain monitoring program described as "Mitigation Monitoring Program No. 137" to mitigate or avoid significant effects on the environment to ensure compliance during project implementation, requiring that the project be conditioned upon compliance with said Mitigation Monitoring Program No. 137; and, further, determine the following: that the Proposed Actions are within the scope of FEIR No. 331; that FEIR No. 331 has been completed in compliance with CEQA and the State and City CEQA Guidelines; and, that FEIR No. 331 is adequate to serve as the required environmental documentation for the Proposed Actions.. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the Anaheim Planning Commission does hereby recommend that the City Council of the City of Anaheim take the following actions: A. Approve Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 to revise the Mountain Park Specific Plan Na 90-4 in itsentirety, including amending the Gity of Anaheim Zoning Code (Chapter 18.112) to replace and supersede current Zoning and Development Standards as set forth in Exhibit 3 to this Resolution, which exhibit is hereby incorporated herein as though set forth in full; and, B. Approve the following conditions of approval, which conditions are hereby found to be a necessary prerequisite to the proposed uses of the subject project site in order to ensure responsible development and to preserve the safety and general welfare of the citizens of the City of Anaheim: GENERAL 1. That within thirty (30) days of the effective date of the Ordinance adopting Amendment No. 1 to the Mountain Park Specific Plan No. 90-4, the property owner/developer shall record an unsubordinated covenant, in a form acceptable to the City Attorney's Office, against the entire property acknowledging that those conditions of approval set forth herein which require completion of certain tasks prior to either submission or approval of the first large-lot or builder tentative or fihal parcel or tract map are conditions of said maps required to implement the Specific Plan and are not necessarily based upoh the content of said first map. The covenant shall further provide that the property owner/developer shall waive any objection to imposition of said conditions upon the first large-lot or builder tentative or final parcel or tract map which may otheruvise be asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act. The covenant shall expressly provide that provisions are applicable to all successors and assigns: 2. That the project is expressly conditioned upon the applicants' indemnifying and holding harmless the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul my approval of the application or related decision, or the adoption of any environmental documents or FEIR No. 331 which relates to the approval of the Proposed Actions. This indemnification shall include, but is not limited to, all reasonable damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party, and costs a 3. 4. of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decision, whether or not there is concurrent, or passive negligence of , , __ the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. While the property owner/developer shall have the right to review legal counsel selected for all indemnities:, the final selection of legal counsetshall be madeby City. Ttie indemnity does not cover costs attributable to a decision that a City public official violated conflict laws in acting. on the project: No later than 30 (thirty) days following the City Council's adoption of the Ordinance approving Specific Plan Amendment SPN 2005-00031 relating to the Mountain Park Specific Plan, Amendment No. 1, the legal property owner shall record an unsubordinated covenant satisfactory to the City Attorney's Office memorializing the foregoing. Oh an annual basis commencing the first January following the effective date of the Ordinance adopting Amendment No: 1 to the Mountain Park Specific Plah, and every January thereafter, the property owner/developer shall provide an updated phasing plan to the Planning Services Division of the Planning Department until project build out. That the Specific Plan shall be implemented through the processing of Area Development Plans, or large-lot 'tract dr parcel maps, folldwedby; or concurrent with, the processingof builder tentative tracts or parcel maps subject to the following: {a) The large-loftract or parcel map shall contain a note to the effect that the map is tieing filed for conveyance purposes only; no building permits,'ezceptfgr public facilities, are to be issued for the lots or parcels created by the map; the recording of a subsequent builder map is required before building permits can be issued; and an unsubordinated covenant ih a form approved by the City Attorney shall be recorded against the entire site reflecting same and submitted to the Department of Public Works; (b) Irrevocable offers of dedication, including necessary construction easements, for right-of-way improvements for the following arterial highways and park and other public facility sites listed below and identified in these conditions of approval, shall be made prior to approval of any final large-lot tract or parcel map for any Development Area that includes one of the following improvements: 1. Arterial highways including: a Santa Ana Canyon Road; approximately 1,600-foot long portion, immediately west of Gypsum Canyon Road., b: Gypsum Canyon Road, north of the private entry gates. c. Weir Canyon Road, within the project boundaries. d. Mountain Park Drive, west of the private entry gates. . e. Jamboree Road unless eliminated from the County MPAH and City General Plan prior to approval of a final map that includes the Jamboree Road alignment. If the MPAH and General Plan Amendment actions have not occurred; aright-of--way reservation may be recorded subject to approval of the Director of Public Works or his/her designee: 2. A minimum 15-acre community park site located within Development Area 3: 3. A Fire Station site, in conformance with the requirements outlined in the Fire Protection Agreement, pursuant to PDF 10-1, and the Fire Master Plan, pursuant to PDF 10-2 of Mitigation Monitoring Program No. 137. 4. A Trail Staging Area 5. Water Reservoir sites. PLANNING 5. That in conjunction with the submittal of each large-lot or builder tentative tractor parcel map, grading plan, or Site Plan, the property owner/developer shall submit documentation which demonstrates that the s development is in conformance with the applicable guidelines and ordinances established by the Specific Plan. 6. That in conjunction with the submittal of all Site Plans, and large-lot or builder tentative tractor parcel maps, the following information and/or plans shall be submitted to the Planning Department for Planning Commission review and approval: (a) Location map -drawn to the same scale as the Mountain Park Specific Plan Develdpment Plan and relating the Site Plan, tentative tract or parcel map to the overall Mountain Park project. (b) Topographic map. (c) Landscaping plans -indicating the extent and type of proposed landscaping and including any existing. vegetation that will tie retained. The property owner/developer shall submit documentation that confirms that development is in conformance with the Landscape Concept Plan (Exhibit 8A of the Specific Plan document). (d) Vehicular circulation and parking plan -indicating the nature and extent of public and private streets and lanes, alleys and otherpublic accessways for vehicular circulation, off-street parking, and vehicular storage.. (e) Fence and wall plans (including sections) -indicating the type of fencing. The specific fence or wall location shall be shown in addition to the color, material and height. Sections shall be provided for fences/walls at such locations showing the relationship between the fences/walls and the public right- df-way. Plahs shall show tfiat all block walls facing aright-of-way will be planted and maintained with clinging vines and/or shrubs to eliminate graffiti oppprtuhities; except where said wallsare an integral part of a sign monument or architectural feature subject to the review and approval of the Planning Commission. (f) Sign plans -specifying the size, height, location, color, material and lighting of signs. Within lots or parcels which are proposed for future development, the property owner/developer shall provide temporary signs to identify proposed future land uses subject to the provisions of the Mountain Park Specific Plan, Section 18.112.110..030. 7. That Site Plans shall include preliminary building plot plans, preliminary floor plans, front, side and rear building elevations, roof plans, and exterior building materials (including roofing), roof-mounted equipment screening treatment (including view sections or photos to determine whether the roof-mounted equipment will be visible) and colors. Site Plans for Single-Family Detached Residential Zones may show the "typical" building footprint for each proposed unit, provided that the property owner/developer also provides a statistical summary showing that the unit proposed for each lot is in conformance with all applicable setback and building coverage requirements. 8. That prior to approval of Site Plan, plans shall tie submitted to the Police Department for review and recommendation, incorporating defensible space concepts and safety features (i.e., access, visibility, surveillance, lighting, etc.). 9. That prior to approval of each mass grading permit, the property owner/developer shall submit a construction buffer plan to the Department of Public Works that includes measures taken to protect adjacent residential uses, including, but not limited to, providing a chain link fence with green scrim along construction boundaries. RESIDENTIAL USES: 10. That prior to approval of each final tract or parcel map, the property owner/developer shall provide an exhibit depicting the Anaheim General Plan designation and the existing zoning within three hundred (300) feet of the boundaries of the subject tract to the City of Anaheim Planning Department for review and approval. On- going during sales of dwelling units in the subject tract, the property owner/developer shall provide each buyer with this written information. 11. That prior to approval of Site Plans and prior to issuance of building permits for dwelling units developed pursuant to the RMP-5 and RMP-6 zone development standards, plans shall be submitted to the Planning Department showing that clothes washer and dryer hookups are incorporated into each dwelling unit. 12. On-going during sales of dwelling units, the property owner/developer shall provide the buyer of each dwelling unit with written information pertaining to the schools serving the dwelling unit. 13. That prior to the final building and zoning inspection for each lot within a tract or parcel map, the property owner/develdper shall install required fencing together with clinging vines and/or shrubs as identified on fencing and wall plans approved by the Planhing Commission in connection with the Site Plan, teritative tract or parcel map. CONVENIENCE MARKET: 14. That prior to the final building and zoning inspection for the 421st dwelling unit on the east side of SR-241, the property owner/developer shall submit the Site Plan for an approximately 3,000 square-foot convenience market in Development Area 6 to the Planning Department. The convenience market shall be subject to the approval of a Site Plan by the Planning Commission, in conformance with3he procedures set forth in the Mountain Park Specific Plan (Code Section 18.112.040.030). Prior to the first final building and zoning inspection for any dwelling unit following the 1,250' dwelling unit, the property. owner/developer shall construct the convenience market. 15. Prior to the approval of the Site Plan for Development Area 6 (Trail Staging Area and Convenience Market), plans shall depict the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas. All proposed parking area lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet. All lighting fixtures shall be sftielded to direct lighting away from adjacent land uses, including the adjacent fire station. All lighting fixture types ahd locations shall be identified oh the plans submitted for building permits. 16. Prior to the approval of the Site Plan for Development Area 6 (Trail Staging and Convenience Market), building elevations shall show that alt elevations of commercial buildings are architecturally accented to portray a finished look. Plans shall also show that all building colors, textures, and materials shall be compatible with the proposed architectural themes of the adjacent residential communities. ENGINEERINGISUBDIVISION 17. That the following street design elements shall be shown on all large-lot or builder tentative tract and parcel maps: (a) Street cross sectiohs, including dimensions, labels, circulation designation (i.e. Hillside, Primary, Hillside, Secondary, Modified Hillside Collector or Interior) and whether public or private.. (b) Street grades: Street grades shall not exceed ten percent (10%) except when approved by the Fire Department and Department of Public Works prior to approval of the tentative tract or parcel map. Said approval shallbe documented in the tentative tract or parcel map staff report (c) ' Horizontal alignment, including centerline radii, and cul-de-sac radii. 18. That the following grading elements shall be shown oh all large-lot or builder tentative tract and parcel maps: (a) .Pad elevations: (b) Spot elevations along top and toe pf all sldpes. (c) Slope setbacks, in conformance with Chapter 17 of the Anaheim Municipal Code. (d) Location and height of all retaining walls and crib walls, excluding electrical, telephone and CAN facility retaining walls. (e) A statement regarding whether the Questar (Southern Trails] Pipeline is currehtly within the proposed tract boundary or will be relocated within the tract boundary pursuant to the requirements set forth in MM10-2 and 10-3 of Mitigation Monitoring Program No. 137. If the pipeline is to be relocated, the proposed relocation path shall be delineated on the tentative tract or parcel map, (f) Cross-Sections to illustrate existing topography and proposed pad elevations shown on the tentative tract or parcel map that are sufficient to indicate the relationship of the proposal to the nature and extent of the cut and fill earthwork involved: (g) Lot dimensions end pad sizes of all lots. 19. That prior to approval of a large-lot or builder final tract or parcel map, vehicularaccess rights to all arterial highways adjacent to subject tract, except at street intersections, shall be dedicated to the City of Anaheim. 20. Prior to approval of the first final tract or parcel map, the property owner/developer shall provide for the following: (a) 1. Private street maintenance. 2. Private Slope landscaping and irrigation mantenahce: 3: Private Parkway landscaping and irrigation maintenance... 4. Median island landscaping and irrigation maintenance for private medians and the public medians in Santa Ana Canyon Road and Mountain Park Drive. 5. On-site and off-site open or natural channel storm drain facilities maintenance. 6. Private Open space maintenance. 7. Private sewer maintenance: 8. Maintain liability insurance for riding and hiking trails and bikeways, the landscaped portions of all parkways; and median islands for non-City required medians in public streets naming the City as an additional insured, and indemnifying and holding the City of Anaheim harmless for damages resulting there from. 9. Provision for the replacement of any tree planted in accordance with project landscaping plans in a timely manner in the event thafit is removed, damaged; diseased and/or dead., 10. Private storm drain maintenance. 11. Private street light maintenance. (b) That if Items 1 through 12 are to be maintained/financed through a Homeowner's Association, that prior to the sale of the first unit or final building and zoning inspection, whichever occurs first, the property owner/developer shall submit the original documents of the covenants, conditions, and restrictions (CC&Rs) for the master association for review and approval to the Development Services Division of the Department of Public Works anii the City Attorney's Office. The approved CC&R's shall be recorded in the office of the Orange County Recorder. A copy of the recorded CC&Rs shall be submitted to the Development Services Division of the Department of Public Works. (c) That if the responsibility for maintenance of Items 1' through 12 is financed through another financial mechanism acceptable to and approved by the City of Anaheim, said mechanism shall be established at the expense of the property owner/developer prior to the sale of the first residential unit or commercial IoUparcel or final building and zoning inspection, whichever occurs first:" (d) The property owner/developer of each tract or parcel shall improve all the hereinabove described median islands and provide maintenance for public medians on Santa Ana Canyon Road and Mountain Park Drive, including providing the above specified insurance, until such time as the Homeowner's Association or another acceptable financial mechanism becomes legally obligated therefore as hereinabove provided. (e) The property owner/developer shall post a bond in an amount and form satisfactory to the City of Anaheim to guarantee performance of the property owner/developer's obligations herein described. Evidence of the required insurance and bond shall be submitted to and approved by the City Attorney's Office prior to final map approval 21. Prior to the final building and zoning inspection for any dwelling unit following the 1,250' dwelling unit, the property owner shall provide for maintenance of the areas encompassing public riding and hiking trails, until such time that trails are accepted for dedication by a non-city public agency or non-profit entity. The property owner shall be required to provide public access to the trails until such time that dedication to a a public agency or non-profit entity is complete. 22. That prior to approval of the first large-lot or builder final tract or parcel map or mass grading plan, whichever° occurs first, for each pevelopment Area, the legal property owner shall provide an unsubordinated Subdivision Agreement, in a form approved by the City Attorney's Office, to the City Engineer and Utilities General Manager for review and approval, agreeing to construct all backbone street, sewer and storm drain, water, electrical and hiking and equestrian trial improvements, as required by the City Engineer and Utilities General Manager, in accordance with these conditions and the Mountain Park Specific Plan at the legal property owner's expense. The developer shall post improvement security in conformance with Chapter 17 of the Anaheim Municipal Code. The approved agreement shall be recorded concurrently with the final map. 23. That prior to approval of each final tract or parcel map, an unsubordinated maintenance covenant shall be submitted to the Development Services Division of the Department of Public Works and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with the approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with each final tract or parcel map: HOUSING 24. Upon release for sale of any attached units within Development Area 5, the property owner/ builder will notify the Community Development Department of the sales prices of the attached units. If any of the units are within the affordable price range as defined by the Community Development Department, the property owner/ builder will, for a period of sixty (60) days from the release for sale, make up to twenty (20) percent of the released units exclusively available to the City to submit buyers to the property owner/builder. If the City determines to use down payment assistance, the precise program, the number of units involved and the degree of assistance for first time buyers will be based upon available funding as determined by the City of Anaheim.. TRAFFIC/STREET IMPROVEMENTS 25. That prior to approval of each large-lot or builder final tract or parcel map, whichever occurs first, the property owner/developer shall submit street names for any new public or private street to the Planning Department for review and approval 26. That prior to approval of each large-lot or builder final tract or parcel map, whichever occurs first, the property owner/developer shall submit street improvement plans to the Development Services Section of the Department of Public Works for review and approval 27. That prior to approval of each large-lot or builder final tract or parcel map, whichever occurs first, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim easements for street and public utility purposes for all public streets on the final map.. 28. That prior to approval of each final tract map or final parcel map, the legal propertydwnershall irrevocably offer to dedicate to the City of Anaheim easements, for public utility purposes and emergency purposes, including ingress and egress rights for maintenance purposes, for all private streets on the final map. 29..That prior to approval of the first final tractor parcel map for Development Areas 3 or 7, the property. owner/developer shall submit improvement plans and an application for abahdonment of street right-of-way for consideration by the City Council, for Oak Canyon Drive; east of Running Springs Road, as depicted on Exhibit 3-17 (Oak Canyon Drive Improvements) of the Environmental Impact Report No. 331. Prior to issuance of the first building permits in Development Areas 3 or 7 (excluding models), the property: owner/developer shall substantially complete improvements to Oak Canyon Drive to the satisfaction df the Director of Public Works. Upon completion of improvements and prior to the first final building dr zoning inspection for any dwelling unit in Development Areas 3 or 7, the property owner/developer or its assignees shall accept ownership and maintenance responsibilities for the property, unless an alternative ownership and maintenance agreement satisfactory to the Department of Public Works and the City Attomey's Office is reached with the Summit Homeowner's Association. If no agreement with the Summit Homeowners Association is reached, on-going' maintenance may be included in a financing mechanism for the Mountain Park project as approved by the City. 30. That prior to the first final building and zoning inspection within each tract map or parcel map bouhdary';' temporary street name signs for all public and private streets shall be installed if permanent street name signs have not been installed. 31. That the property owner/developer shall be responsible for obtaining all off-site right-of-way needed for construction of the required improvements. Should it become necessary, due to the property owner/developer's inability to acquire said right(s)-of-way, for the City of Anaheim to negotiate for and acquire the necessary right(s)-of-way to allow the developer to construct any public improvements, the property owner/developer shall pay for atl costs associated with such acquisition proceedings. Such costs shall qualify towards the property owner/developer's "fair share" contribution.. 32. That gates shall not be installed across any driveway or private street in a manner that mayadversely affect vehicular traffic in any adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plans. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 33. That prior to approval of the tentative tract or parcel map encompassing the round-about prpposed at the intersection of Gypsum Canyon Road and Mountain Park Drive, said round-about shall be designed to the satisfaction of the City Engineer. GRADING/SOILS. 34. On-going during construction, the property owner/developer shall conspicuously post at the construction site the name and contact information for a representative of the property owner/developer who surrounding property owners' may contact with any questions or concerns associated with the grading and construction activities on-site. STREET MAINTENANCE/SOLIDWRSTE 35. That prior to recordation of fihal tract or parcel map(s) for Development Area 7, the property owner/developer shall record a covenant in a form approved by the City Attorney requiring the seller to provide purchaser of each dwelling unit with written information concerning Anaheim Municipal Code Chapter 14 "Parking Restricted to Facilitate Street Sweeping." Such written information shall clearly indicate when on-street parking is prohibited and the penalty for violation. _ 36. That prior to the approval of the first Site Plan, a Solid Waste Management Plan with recycling capabilities shall be submitted for review and approval by the Streets and Sanitation Division of the Department of Public Works. Refuse collection and disposal for the Mountain Park Development will comply with AS 939, the County of Orange Integrated Waste Management Plan and the City of Anaheim Integrated Waste Management Pian. Upon occupancy of the project, implementation of said. plans shall commence and shall remain ih full effect as required by the Streets and Sanitation Division of the Department of Public Works. 37. That trash storage areas for single-family attached dwelling units shall be provided and maintained in a location acceptable to the Streets and Sanitation Division of the Department of Public Works and in accordance with approved plans do file with said division. Each single family detached residential unit shall have a designated storage area for standard Anaheim waste containers within a garage or screened from view from the streefnght-bf--way and outside of the front setback. Storage. areas shall not encroach into the minimum 10' X 20' dimension of covered parking stalls. Such information shall be specifically shown on the plans submitted to the Planning Commissipn for Site Plan approval and for building permits. Upon occupancy, trash storage areas shall comply with City Codes for the screening of trash receptacle areas and access for trash pickup.. 38. That prior to approval of each Site Plan, plans shall show that on-site trash truck tum-around areas are provided per Engineering Standard Details. Said turn-around areas shall be specifically shown on plans io submitted for building permits. On-going during project operation, the trash truck turn-around areas shall be maintained to the satisfaction of the Streets and Sanitation Division of the Department of Public Works. SEWERS 39. That prior to approval of each large-lot or builder final tract or parcel map, whichever occurs first, the - property owner/developer shall submit plans, including sizing requirements, for the sanitary sewer systems within the tractor parcel map boundaries for review and approval by the City Engineer. The sewer system for the project shalF be funded, constructed and maintained in accordance with the requirements of the Department of Public Works. 40. That the property owner/developer shall be financially responsible for the following sanitary sewer-related items: (a) The acquisition of any required permits, rights-of-way and environmental assessments; (b) The design and construction of all required sewers and related facilities as part of the improvements. for each tract or parcel map, as approved by the City Engineer. LANDSCAPING 41. That prior to approval of landscape plans adjacent to all public roadways, tree types and locations shall be reviewed and approved by the Planning Department and the Department of Public Works: HYDROLOGY (STORM DRAINS) 42. That the property owner/developer shall be financially responsible for the following items: (a) The construction of the Master Plan drainage facilities; and (b) The construction of in-tract and local storm drain system improvements: WATER 43. The Water System Plan (Exhibit 16 of the Specific Plan document) depicts the locations of the water storage reservoirs and pump stations, Prior to the approval of the first large-lot or builder tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into a written agreement with the Water Engineering Division of the Utilities Department as to the placement and timing of the water storage reservoirs and pump stations. 44. That prior to the approval of each large-lot or builder tentative tractor parcel map and Site Plan, proof in the form of a memo from the Utilities Department, shall be submitted to the Planning Department to confirm that all water supply planning for the project has been coordinated with and approved by the Water Engineering Division of the Utilities Department. 45. That in conjunction with the recordation of large-lot or builder final tractor parcel maps, whichever occurs first, the property owner/developer shall dedicate to the City the land and easements required for implementation of the water system to support that map. The reservoir sites shall be dedicated with the final maps, or when required by the City 46. That prior to'approval of each large-lot or builder finaltract or parcel map, whichever occurs first, the owner/developer shalt bond for the cohstructidn of the required water system improvements for the tract or parcel map. Bonds associated with major water facilities sucKas pump stations, water tanks, pressure regulating stations, and transmission mains (16-inches and larger) will be released upon acceptance by and conveyance to the City. Partial release of bonds associated with the distdbution system mains (12-inches and smaller) and appurtenances which include, but are not limited to, fire hydrants, valves, service laterals, and meters will be as follows: 80% of the associated bond amount upon acceptance and conveyance of the tt water distribution mains to the City; and the remaining 20% of the bond amount upon project completion, which includes installation of all water meters and final adjustments of valves to grade. 47. That, prior to approval of the large-lot or builder tentative tract or parcel map that includes a water reservoir site, whichever occurs first, the property owner/developer shall submit plans to the Water E,ngipeering Section of the Public Utilities Department for review and approval of the water reservoir design, including site screening methods. Reservoirs will be located and designed in a manner that screens them from public view. 48. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from any public street. Any other large water system equipment shall be installed td the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. ELECTRICAL 49. That prior to approval of the first final large lot tentative tract or parcel map or first builder tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with Anaheim Public Utilities for on-site and off-site electrical system improvements to establish a mechanism for the design and construction of the Mountain Park Specific Plan electrical system. Said agreement shall include, but not be limited to, the scope of work, timing, responsibilities, design process and fees, plan check .process and fees, easements, inspection fees and transformer maintenance fees, construction coordination and responsibility, system operation requirements and jurisdictional transfers, and rates for operation of streets. 50. That for construction phasing and scheduling, the property owner/developer shall have the responsibility to coordinate all long range construction schedules with the Utilities Department, Electrical Engineering Division. The property owner/developer shall keep the Electrical Engineering Division apprised of construction phasing, scheduling and proposed infrastructure improvements to assure that electrical service is available to meet the property owner/developer's schedule. 51. That far existing commercial or residential developments along the Santa Ana Canyon Road west of Gypsum Canyon Road requiring'cutover'sevvice, the property owner/developer shall install and provide for service from the proposed Santa Ana Canyon Road 12/6.9 kV distribution system. The requirements shall be identified in construction drawings for the installation of a 12/6.9kV conduit and substructures system and electrical system in Santa Ana Canyon. Road from the east boundary of the East Hills development to the proposed Mountain Park development site. 'Cutover" work not directly associated with the Mountain Park development will be applied as a credit to the fees for the work. 52. That to the extent the property owner/developer may qualify for reimbursement from other benefited properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit for the construction and fees for 12kV underground line extensions and other improvements benefiting both developments. Costs associated with the establishment of any such districts shall be at the expense of the property owneddeveloper. 53. That in conjunction with the recordation of large-lot or builder final tract or parcel maps, whichever occurs first, the property owneddeveloper shall dedicate to the City the land and easements required for implementation of the Utilities wireless communication system to serve Mountain Park. The land and easements will be for two sites to install Utilities' transmitter/receiver antennas. The two antenna sites shall be dedicated with the final maps, or when required by the City. The property owner/developer shall work with the Utilities and Planning Departments oh a mutually agreeable location for the equipment to address potential aesthetic impacts within the community. 54. That the easterly 1600-foot long portion of the Southern California Edison overhead 12kV pole line, located along Santa Ana Canyon Road east of SR-241 shall be converted to an underground system in conjunction with the planned improvements along this section of roadway: The conversion of the 1600-foot long portion of Southern California Edison lines from an overhead to underground system shall be at no cost to the City of Anaheim. l2 PARK ANDTRAILS/TRAICSTAGINGARFA ~ --- 55. That prior to or concurrent with recordation df the first final large-lot tract or parcel map whichever occurs first, for either Development Area 3 or 7, the property owner/developer shall comply with the City's park dedication ordinance to the satisfaction of the Community Services Department. Satisfaction of the park ordinance will be met by the dedication and development of one (1), minimum 15-acre community park as specified in the Specific Plan. 56. That the Specific Plan sets forth the riding and hiking trail alignment for the Gypsum Canyon Regional Riding and Hiking Trail. Prior to the approval of each large-lot or builder tentative tract or parcel map; whichever occurs first, equestrian and hiking trails within that tract or parcel map shall be shown per the Specific Plan to the satisfaction of Community Services Department and County of Orange. Prior to the approval of each final large-lot or builder tract or parcel map, whichever occurs first, the property owner/developer shall submit the final alignment of the regional riding and hiking trail and any private interior trails proposed within that tract or parcel map tp the Community Services Department for final review and approval. The property owner/developer shall construct and irrevocablyoffer to dedicate the public trails (including trail access. points, signage; furnishings and other related features) in accordance with Specific Plan, City and/or County standards. Prior to approval of the final large-lot or builder tractor panel map, whichever occurs first, bonds shall be posted for trail improvements as part of in-tract improvements. 57. That the park site shall be developed in accordance with Community Services Department standards, the Specific Plan and the City's Park Dedication Ordinance (including local park site criteria), and will be subject to Community Services Department approval. 58. That specific facilities for the park shall be determined through the park master plan process conducted by the Community Services Department. 59. That the property owneddeveloper's responsibility fofall park development shall also include all utility connections, fees, permits and charges, all consultant and project inspection costs and any incidental costs relating to the development of the park improvements in accordance with City requirements. 60. That the Parks, Recreation and Community Services. Department shall have approval over the following: (a) Approval of Landscape Architect and other consultants used to design the park and prepare the construction documents; (b) Approval of 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 df inspection by City staff at property owner/developer's cost. 61. That prior td the fihal building and zoning inspection for the 421st dwelling. unit on the east side of SR-241 and prior to or concurrent with Planning Commissibn approval of the Site Plan for Development Area 6, the property owner/developer shall submit the Site Plan for a Trail Staging Area/Ihterpretive Center in Development Area 6, including vehicular circulation, site amenities, interpretive signage, etc, to the Community Services Department for review and a~proval. Prior to the first final building and zoning' inspection for any dwelling unit following the 1,250 dwelling unit, the property owner/developer shall construct and irrevocably offer to dedicate the Trail Staging Areallnterpretive Center to the City of Anaheim. 62. All dedicated properties shall be free of encumbrances or easements unless otherwise acceptable to the Community Services Department. Before the dedication of any park or trail staging area is accepted by the City, a Title Report for that park or trail staging area must be provided to and approved by the City Attorney's Office. 63. That prior to the approval of the large-lot or builder final tract or parcel maps, whichever occurs first, where the facilities are located, the park and hail obligations of the property owner/developer shall be secured by pertormance bonds, letters of credit or another form of security, in an amount and form approved by the City Attorney's Office and Community Services Department. 64. That the property owner/developer shall construct an up to 5,000 square foot community center per an 13 approved park concept plan and in consultation with the Community Services Department (including building, parking, landscaping, exterior lighting, patios, and building furnishings) as part of the 15-acre park. improvements. The improvement shall be secured by a performance bond, letter of credit, or other form of security approved by the City Attorney's Office and Community Services Department, prior to the approval of the first large-lot or builder tentative tract or parcel map, whichever occurs first LIBRARY 65. That pursuant to Resolution No. 89R-235 adopting the Public Library Facilities Plan for the East Santa Ana Canyon area, as may hereinafter be amended, the property owner/developer will participate in the funding of the construction of the proposed library facility in the East Santa Ana Canyon area. Fees shall be paid prior to approval of any final tract or parcel map (excluding large lot subdivisions), or prior to issuance pf a building permit where no subdivision is involved. 66. That prior to the approval of the first large-lot or builder tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with the Library Department agreeing to pay fees for a maximum of 2,500 dwelling units in accordance with the Public Library Facilities Plan for the East Santa Ana Canyon area in order to ensure that full payment is made to the City in this regard. Written proof of the Library Agreement shall be furnished to the Planning and Community Services Departments and shall be subject to the approval by the Library Section of the Community Services Departmentand the City Attorney's Office. POLICE 67. That, prior to issuance of each building permit for a residential dwelling unit, the property owner/developer shall pay any Police Protection Facilities Fees, that are in affect at the time of issuance of building permits. SCHOOLS 68. That prior to the approval of the firstlarge-lot dr builder tentative tract or parcel map, whichever occurs first, in each phase, the property owner/developer shall provide the Planning Department with adequate proof that the property owner/developer has complied with the provisions of the Memorandum of Understanding dated December 16, 2004, between the Irvine Community Development Company. LLC and tFie Orange Unified School District or any subsequent agreement entered into between the property owner/developer and the Orange Unified School District. 69. That in connection with the approval of large-lot or builder tentative tract or parcel maps, whichever occurs first, for Development Area 3, the school site shall be identified on the map: Further, until such time as OUSD acquires the school site, the property owner/developer shall be responsible for maintenance of the site, including .installation and maintenance of a landscaped buffer area along the boundaries of the site abutting any roadway. Plans for said landscaped areas shall be reviewed and approved bythe Planning Directoror his/her designee: 70. That the Orange Unified School District shall be encouraged to coordinate with the City Traffic and Transportation Division to assure that pedestrian access follows the "safe route to school" standard and that adequate ingress and egress is provided at all school site entrances to discourage vehicle idling at curbsides. FIRE 71. That prior to commencement of structural framing on each parcel or lot, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. Specific information on the design I and implementation of the required hydrant system network shall be obtained fromYfie Fire Department. 72. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box", or other similar devices as required and approved by the Fire Department. 73. That prior to approval of each Site Plan, where required and approved by the Fire Department, adequate, is unobstructed fire truck tum-around areas, shall be specifically shown on the Site Plan. The approved fire truck turn-around areas shall be shown on plans submitted for building permits. Said tum-around areas shall be permanently marked and maintained to the satisfaction of the Fire Department. All fire accessways~ "" including public streets in excess of 150 feet long, must be provided with unobstructed fire truck turn-around areas. 74. That prior to the approval of water improvement plans, the water supply system shall be designed to provide sufficient fire flow pressure and storage in accordance with Fire Department requirements: 75. That prior to the placement of building materials on the building site, an all weather driving surface shall be provided from the roadway system to and ore the construction site. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surtace must meet the requirements of Section 10.207(a) of the Uniform Fire Code as adopted by the City of Anaheim, FISCAL 76. That prior to consideration of the project by the City Council, the property owner/developer shall submit a ' final Fiscal Impact Report to the City.. 77. That prior to approval of the first large-lot tentative tract or parcel map or first builder tentative tract dr parcel map, whichever occurs first, the property owner/developer shall establish a mechanism, acceptable to the City of Ahaheim, to provide on-going monitoring and transmittal to the City of Anaheim of information concerning fiscal impact of all developments within Mountain Park; provided, however, that the subsequent. on-going fiscal monitoring may consist df a letter, subject to the City's approval, if there are no changes proposed by the developer or governmental entity other than the City of Anaheim to the assumptions in the fiscal impact report or development plan, but if there are changes, detailed documentation addressing those fiscal impacts affected shall be required. 78. That prior to approval of the first large-lot tentative tract or parcel map or first builder tentative tractor parcel map, whichever occurs first, the property owner/developer shall form a community facilities district or other appropriate public financing mechanism acceptable to the City to assure the project generates continuing revenues to meet the assigned cost of City services, per the fiscal impact report dated , on a year by year basis recognizing cumulative surpluses and/or deficits and td provide monitoring and flexibility to fund any additional future shortfall should assumptions in the fiscal impact report prove incorrect. Said agreement shall set forth the timing for the establishment of the mechanism. The cost to establish the mechanism shall be borne by the property owner/developer 79. That prior to the approval of a fire station, the property owner/developer shall provide proof to the City in the form of a revised Fiscal Impact Report or other documentation acceptable to the City Manager or his designate that the project as a whole generates revenues to meet the assigned cost of City services. MISCELLANEOUS 80. That the property owner/developer shall be held responsible for complying with Mitigation Monitoring' Program No. 137, established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 331 that have been incorporated into the Mitigation Monitoring Program and which are made a part of these conditions of approval by reference. 81. That any decision or action required by the Planning Commission for any of the above conditions shall be subject to appeal or review by the City Council within twenty-two (22) days following the date of such decision or action unless othervvise set forth in the condition. 82. That all Special Maintenance Districts or other financial mechanisms referenced in previous conditions shall be established at the expense of the properly owner/developer. 83. That the property owner/developer shall coordinate with telephone company serving the area to ensure timely construction and placement of necessary telephone facilities. Prior to the approval of each large-lot or ~s builder tentative tractor parcel map, whichever occurs first, the property owner/developer shall provide proof to the Planning Department in the form of a letter from the telephone company, that said coordination. has occurred.. 84. That within thirty (30) days of the City Council's action, the property owner/developer shal~.provide the Planning Department with three copies of an amended Specific Plan document reflective of the City Council's action. Upon review and approval of the amended documents by the Planning Department, twenty (20) hard copies and thirty (30) compact discs of the final document shall be provided by the property owner/developer to the Planning Department. 85. A performance bond; letter of credit; or other form of security in an amount and form approved by the City Attorney shall secure the obligations of the developer as set forth in these conditions Said security, as approved shall be provided at the same time as the obligation is required by the conditions herein. BE IT FURTHER RESOLVED that the City of Anaheim Planning Commission does hereby find and determine that adoption of this resolution is expressly predicated upon compliance with each and all of the conditions hereinabove set forth. Should such any condition, or and part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approval herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Counci Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on July 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 16 ... ............................. Exhibit 1 LEGAL DESCRIPTION -°- MOUNTAIN PARK SPECIFIC PLAN AREA ALL THAT LAND SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, PARTLY IN THE CITY OF ANAHEIM'AND PARTLY IN UNINCORPORATED TERRTTORY, DESCRIBED AS FOLLOWS: ALL OF BLOCK 26, TOGETHER WITH PORTIONS OF BLOCKS 23, 24, 25, 27, 28, 29; 30, 34, 35, AND 36 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS` IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE EXISTING BOUNDARY OF THE CITY OF ' ANAHEIM AS ESTABLISHED BI' THE "(AMENDED) OAK HILLS RANCH ANNEXATION TO THE CITY OF ANAHEIM", SAID POINT' BEING THE SOUTHEASTERLY TERMINUS OF -THAT CERTAIN COURSE DESCRIBED IN SAID ANNEXATION AS "S 27° 08' 00" E 1,914.00 FEET" FOR THE EASTERLY LINE OF THE FELIPE YORBA (PARCEL 2) AND THE TEODOCIO YORBA (PARCEL i) ALLOTMENTS IN THE DECREE OF PARTITION OF THE ` RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF NDGMENTS OF THE 17~ NDICIAL DISTRICT COURTbF CALIFORNIA Ii`I SAID COUNTY; THENCE NORTH 25°43'47" WEST 2964.60 FEET ALONG SAID EASTERLY LINE AND SAID EXISTING BOUNDARY AS ESTABLLSHED BY SAID ANNEXATION AND BY THE "(AMENDED) WALLACE RANCH ANNEXATION TO' THE CITY OF ANAHEIM"; THENCE, LEAVING SAID EXLSTING .BOUNDARY, NORTH 81°56'26" WEST .43.53 FEET TO THE SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED IN BOOK' 2208, PAGE 138 OF OFFICL4L RECORDS IN THE OFFICE OF SAID COUNTY RECORDER' THENCE SOUTH 82°21'50" EAST 4332 FEET ' ALONG SAID SOUTHERLY LINE TO SAID .EXISTING BOUNDARY; THENCE NORTH 25°43'47"WEST 94.59 FEET, ,ALONG SAID EXISTING BOUNDARY TO THE NORTHERLY LINE OF PARCEL 1 OF THAT CERTAIN PROPOSED RELINQUISE-IMENT OF A PORTION OF .SANTA ANA CANYON ROAD (ROUTE 91 HIGHWAY) AS SHOWN ON STATE OF CALIFORNIA DIVLSION OF HIGHWAYS RIGHT OF VJAY MAP NOS. F1840, M:Vviapping~48T02~school dist annex~ivlTN-PItK-PROJ.doe `.5 /1 8120 05 Page. l of 5 F1841 AND F1842 FILED APRIL 16, 1973 IN BOOK 8, PAGES 30 THROUGH 42 OF HIGHWAY MAPS, ORANGE COUNTY, CALIFORNIA; THENCE, LEAVING SAID EXISTING BOUNDARY ALONG SAID NORTHERLY LINE, THE FOLLOWING.... COURSES: SOUTH 82°21'49" EAST 1114.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADNS OF 3999.00 FEET, EASTERLY 389.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 35' 02", . SOUTH 76°46'47" EAST 557.39 FEET AND SOUTH 79°3736" EAST 311.60 FEET TO THE NORTHWEST CORNER OF THAT CERTAIN LAND DESCRIBED IN THE EXCEPTION TO PARCEL 1 OF THE DEED TO THE STATE OF CALIFORNIA RECORDED MARCH 8, 1971 IN BOOK 9563, PAGE. 744 OF OFFICIAL RECORDS 'IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, LEAVING THE' BOUNDARY OF SAID PROPOSED RELINQUISHMENT ALONG THE NORTHERLY AND EASTERLY LINES OF SAID EXCEPTION, THE FOLLOWING COURSES: CONTINUING SOUTH 79°19'39" EAST 356.76 FEET, SOUTH 77° 10' 44" EAST 385.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 375.00 FEET. EASTERLY 211.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32° 15' 36", NORTH 70° 33' 40" EAST 160.70 FEET, AND SOUTH 19°26'20" EAST 18034 FEET TO SAID NORTHERLY LINE OF PARCEL 1 OF THE PROPOSED RELINQUISHMENT; THENCE, LEAVING THE BOUNDARY OF SAID EXCEPTION, NORTH 70° 33' 40" EAST 80:00 FEET ALONG SAID NORTHERLY LIlVE TO THE SOUTHERLY LINE OF SAID PARCEL 1 OF THE DEED RECORDED IN BOOK 9563, PAGE 744 OF OFFICIAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID PROPOSED RELINQUISHMENT ALONG SAID SOUTHERLY LINE, .:THE FOLLOWING COURSES: NORTH 35°15'43" EAST 129.79 FEET, NORTH Ol°31'34" WEST 388.04,FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERI;Y, HAVING A RADIUS OF 125.00 FEET, EASTERLY 128.89 FEET ALONG SAID CURVE .THROUGH A CENTRAL ANGLE OF 59° 04' 42", AND NORTH 57°33'08" EAST 566.63 FEET TO THE SOUTHERLY LIIVE OF PARCEL 1 OF THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 24, 1951 'IN BOOK 2208, PAGE 138 OF SAID OFFICIAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID PARCEL 1 OF THE DEED RECORDED. IN BOOK 9563, -PAGE 744 OF OFFICIAL RECORDS, ALONG SAID LAST MENTIONED .SOUTHERLY, LINE; THE FOLLOWING COURSES: NORTH 89°1717" EAST 56.41 FEET, NORTH 71°48'28" EAST 1178.97 FEET, " NORTH 33°13'11" EAST 248.88 FEET, NORTH 67°20'16" EAST 860.80 FEET, NORTH 52°25'37" EAST 273.84 FEET, . M:~ivlapping~48T02lschool dirt annex~MT'N-PRK-PROJ:doc 5/10/2005. Page t of 5 NORTH 35°34'15" EAST 313.69 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADNS.OF.2050.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 43°11'22" EAST EASTERLY 61.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 43' 28", NORTH 45°05'10" EAST 43.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1250.00 FEET, EASTERLY 876.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 11' 00", NORTH 85°16'10" EAST 377.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2950.00 FEET, EASTERLY 259.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°02'00"; .SOUTH 89°41'50".EAST 636.38 FEET. TO THE. BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADNS OF 2050.00 FEET, EASTERLY 385.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10° 47' 00", AND NORTH 79°31'10" EAST 66.15 FEET TO THE SOUTHERLY LINE OF PARCEL 2 OF SAID. DEED RECORDED IN BOOK 9563; PAGE 744 OF OFFICLAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID PARCEL i OF THE DEED RECORDED IN BOOK 2208, PAGE 138 OF OFFICIAL RECORDS, ALONG SAID LAST ABOVE MENTIONED SOUTHERLY LINE, THE .FOLLOWING COURSES: SOUTH 72°06'05" EAST 714.63 FEET AND. SOUTH 57°51'11" EAST 428.50 FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 30; THENCE, LEAVING THE BOUNDARY OF SAID PARCEL 2, SOUTH 40° 48' 31" WEST.. 6028.54. FEET ALONG" SAID SOUTHEASTERLY LINE. AND THE NORTHWESTERLY LINE OF SAID BLOCK 27, TO THE MOST WESTERLY CORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT N0. LL 85=22 RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85- " 304375 OF SAID OFFICIAL RECORDS; THENCE SOUTH 49 ° 11' 43" EAST 5280.01 FEET ALONG THE SOU'I'HVdESTERLY LINE .OF SAID PARCEL 1 TO' THE SOUTHEASTERLY" LINE OF SAID BLOCK.27; THENCE SOUTH 40°48' 18" WEST 2510.00 FEET ALONG THE SOUTHEASTERLX LINE OF SAID BLOCK 27 TO THE MOST WESTERLY CORNER OF PARCEL 3 OF SAID LOT LINE ADJUSTMENT N0. LL 85-22; TIIDNCE SOUTH 49° 11' 43" EAST 3839.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 3; THENCE, LEAVING THE BOUNDARY OF SAID LOT LINE ADJUSTMENT ATO. LL 85-22, SOUTH 26°04'10" WEST 1199.21 FEET; THENCE SOUTH 84° 43' `34" WEST 652.76 FEET; THENCE SOUTH 46° 23' 04" WEST.1698.96 FEET; THENCE NORTH 87°3Y16" WEST 760.67 FEET;.. THENCE SOUTH 58° 18' 25" WEST 1560.76 FEET; THENCE SOUTH 32°0722" WEST ,1357.86 FEET; THENCE SOUTH 43°0724" WEST 431.57 FEET; THENCE M:1MappiagW87~021schopl dirt annex~IvITN-PRK-PROJ.doc 5/10/2005 Page 3 of 5 SOUTH 68°15'37" WEST &77.41 FEET;' THENCE SOUTH 75° 44' 39" WEST 629.38 FEET; THENCE NORTH 67°52'45" WEST 969.34 FEET; THENCE NORTH 46°01'19" WEST 1267.33 FEET; THENCE NORTH 29°18'04" WEST 561.89 FEET; THENCE SOUTH 53?34'44" WEST 640.02 FEET; THENCE NORTH 39°21'20" WEST 898.$5 FEET; THENCE NORTH 56°11'59" WEST 728.04 FEET; THENCE SOUTH 89°31'25" WEST 600.02 FEET; THENCE NORTH 09°58'10" EAST 837.64 FEET; THENCE NORTH 04°15'28" WEST 471..30 FEET; THENCE NORTH 30°42'42"WEST 587.39 FEET; THENCE NORTH 09°56'22" WEST 984:78 FEET; THENCE NORTH 04°33'40" EAST 817.59 FEET; THENCE NORTH 14°55'49" WEST 620:97 FEET; THENCE NORTH 68°31'20" WEST 327.76 FEET; THENCE NORTH 35°19'49" WEST . 484.17 FEET; THENCE NORTH 19°42'06" WEST 786:02` FEET; THENCE ' NORTH 81°41'19" WEST 449.72 FEET; THENCE NORTH 53°21'53" WEST 243.00 FEET; THENCE NORTH 81°1703" WEST 532.11 FEET TO SAID EXISTING BOUNDARY OF THE CITY OF ANAHEIM, AS ESTABLISHED BY SAID "(AMENDED) OAK HILLS RANCH ANNEXATION TO THE CITY OF ANAHEIM", SAID EXISTING BOUNDARY BEING THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED ANNEXATION; THENCE . NORTH 35°50'38" EAST 3182.01 FEET ALONG SAID EXISTING BOUNDARY AND .SAID SOUTHEASTERLY LINE TO THAT CERTAIN ANGLE POINT IN THE SOUTHEASTERLY -LINE TRACT NO. 15128, PER MAP FILED IN BOOK 776 PAGES 17 THROUGH 19 OF MISCELLANEOUS MAPS IN THE OFFICE OF SAID COUNTY RECORDER, SAID ANGLE POINT BEING DISTANT "N35°50'22"E 110:94' "FROM THE MOST SOUTHERLY CORNER OF SAID TRACT NO. 15128; THENCE ALONG SAID SOUTHEASTERLY TRACT LINE THE . FOLLOWING COURSES: NORTH 73°00'16"EAST 11.50 FEET, NORTH 43°00'16" EAST 127.00 FEET, NORTH 29°1.3'16" EAST 379.84 FEET AND NORTH 74°50'16" EAST 33.42, FEET TO SAID EXISTING BOUNDARY OF THE CITY OF ANAHEIM, AS ESTABLISHED BY SAID "(AMENDED) OAK HILLS RANCH ANNEXATION SAID EXISTING BOUNDARY BEING THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED ANNEXATION;. THENCE NORTH 35°50'38"EAST '2264.16 .FEET ALONG SAID EXISTING BOUNDARY t1ND SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS INCLUDED WITIiII.I THE LAND CONVEYED TO .THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY DESCRIBED IN PARCELS 300260-2,.300261-2, 300261-3; 300261-4'AND300262-2 OF THAT M:~fappingk{8T02lschool dirt annex~fTN-PRK-PR07.doc 5/10/2005 Page 4 of 5 PCL 300261-4 PCL. 300261 SANiA ANA CANYON ROAD PCL 300261-3 (.w~u PEinLaCS) 2 B ~c .ux z }003 wst xo. zao3oacaoau, oa T~ ~`1f9eT yAy ~a '1'o ~ or as rsr ~q ya 2s2p .p B ~CT rp?2r2d , y~ N I T,fl o ~~~'0 ~y 9 'L¢ y 2 9 ~ 6' r22 \ fA T 'li- pT ~yo ' aH . y ~s'y9 r~e~~O-9~vszc ~2~~ a 1 ~y~a~~ ~~vsr>2 r r N m , ~rm r28 \\ ~'~i9pT ~~, ~ ~ p a~'YO oy l c~i ~19Sp ~ p2 r4O 'Pam ~ y } Q ~ d 2 B J pN0 ar~pe~ ° y~9p T °y~ is r,~ s r,~ 26 0 ~ ra N O • O / ...I () a ~ 24 / ~ ~ / ~ O O K 0: O 23 z 0 a f- \ i / ~ / ~ ~~ \ ~ 32 34 PARCEL 8 (.w~xtiu PAPO. ~) xtc ux z my wsr. xa zomoaomoc«. .PCL 31 28 i 37 \ , ~0 27 J ~ \ PARCEL A (ANU614 P~xC11) PFa Yx Z 1003 wsr. xa ~amaaaaoosu, an 26 Exhibit 2 MOUNTAIN PARK SPECIFIC PLAN AMENDMENT NO.1 - REFINEMENTS AND CLARIFICATIONS 1. Section II B 1 -Road Sections (Page II-13 - II-15) The Draft Specific Plan exhibits incorrectly showed the street width dimension from face-of--curb to face- of-curb on rolled curb sections. As shown in the DEIR, the correct dimension of the street section is measured from back-of--curb. Insert the attached Exhibits 7A - 7D. 2. 18.112.030 DEFINITIONS Page III-5 Paee III-5 Lot definitions were omitted from the Specific Plan. These have been added to provide clarity for the exhibits that immediately fallow the definitions in the text (see below). None of these new definitions are different From the Anaheim Zoning Code. They are proposed for inclusion in the Specific Plan to include them to maintain internal consistency with the development standards. Insert the Following definitions; • Lot, Reversed Building Frontage: A corner lot in a single family residential zone on which the dwelling is constructed so as to front onto the street lot line with the longest sweet frontage. o Lot, Reversed Corner: ~ corner lot, the side street line ojwhich is substantially a continuation ojthe front lot line ojthe corner upon which it rears. Paee III-7 (Lot Diagrams) The draft diagrams varied from the Anaheim Zoning Code as to the delineation of a garage setback. Exhibits are modified because the delineations of "street side setback" was omitted or mislabeled on the diagrams. There is a typo in all the side setbacks for a reversed comer lot or reverse building frontage; "side setback" should read "street side setback", consistent with the Anaheim Zoning Code. . • Insert revised exhibits entitled Public or Private Street, Corner Lot with Street Side Setback, and Corner Lot with Reversed Building Frontage on page III-7. 3. Section 18.112.080 Single Family Detached Residential Zones -Table 10 MINIMUM SETBACKS: SINGLE-FAMILY RESIDENTIAL ZONING (Page III-16) Clarification is included to indicate that a 9-Foot side setback is only required in a street side condition for reversed corner lots or reverse building frontage lots only in all Single Family Detached Residential Zones. Pace III-16 Modify the table on Page III-16 as follows; Table 10 MINIMUM SETBACKS: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zone Minimum Setbacks RMP-1 Front 15 feet for the first story; 20 feet for the second story and above. Side 5 fee[; The minimum street side setback on a reversed corner lot or reverse buildingfrontage lo( shall be 9feet. Rear 15 feet for the first story; 20 feet for the second story and above. --------------- --------------------------------------------------------------------------------------------------------- RMP -2 Front 15 feet Side 5 feet from structures to the property line or 10 feet between structures on adjacent lots. (Zero side yards are permitted.); The minimum street side setback on'a reversed corner lot or reverse building jrontage lot shall be 9 feet. Rear 10 feet; I S-foot average. RMP -3 Front 10 feet Side 5 Feet s from structures to the property line or 10 feet between structures on adjacent lots. (Zero side yards are permitted.); The minimum street side setback fee[ on a reversed corner lot or reverse building frontage lot shat! be 9 feet. Rear 10 feet; 15-foot average. RMP -4 Front ]0 feet Side 5 feet from structures to the property line or ]0 feet between structures on adjacent lots. (Zero side yards are permitted.); The miaimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 10 feet; 1 S-foot average. 4. Section 18.112.080.080 (Structural Setbacks) (Page III-16, text and Table 11)) Pace III-16 Insert new text on page III-17 as follows; .0801 The minimum setbacks for single-family detached residential zones are shown in Table 10. These setbacks apply in addition to the setback and yard requirements of Sections 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards). Encroachments into setback areas are contained in Table 11 below.. Landscaped Tots owned and/or maintained by homeowner's associations maybe included as part of required street side setbacks Paee III-20. Table 11 Following the error discovered in street side setbacks, it was also necessary to clarify that a landscaped lot, owned and/or maintained by the Homeowners Association, maybe included as part of street side'setback (and occasionally as part of other setbacks). o Insert new language for Ttezs, shtubs, flowers and plants on Page III-20 Table 11 (continued) PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES RMP- 1 ? 3 4: Accessory Use/Structure Permitted Encroachment S ecial Provisions Pools/Spas Front N N N N Side Y Y Y rY Rear Y Y Y Y Porches and Front T T T T *Uncovered decks only At-grade decks Side N N+ N 'N'' Reaz Y* y*, y* y* ; Recreation Front N N : N (N Rooms ' (detached) Side Minimum 5 feet to side roe line Rear Minimum 10 feet to rear roe line Recreation Vehicles (storage longer than 3 days) Front Y* Y* : Y* Y* , *Applies only for driveable RVs (trailers are not permitted) parked in pertitted open parking spaces as provided in Chapter 18.42, no overhang into public ROW or private access easement **Must be screened from public and private streets Side Y* * Y*' * '' Y* * Y°# Rear Y* * Y* * Y* : Y** Satellite Front N N N N Dishes Side N N N N (freestanding, over 2 feet in diameter) Rear N N N N Sheds Front N N N N Maximum 100 square feet (detached, pre- Side Y Y 'i Y _ 'Y !' Maximum 5 feet high fabricated, without utilities) Rear Y Y Y Y i Tennis Front N N N ! N Only I court per lot is allowed Courts/Sport Side N N N N Courts Rear Y Y Y Y Tree Houses Front N N i N iN Maximum 36 square feet (detached) Side N N t N `.N Rear Minimum 5 feet from rear roe line Trees, Shrubs, Front Y '' Y Y 1' s btcluding Imtdscaped lots owned and/or maintained by Flowers, Plants Side Y Y Y Y a homeowners' associatimz Rear Y Y Y Y ' Workshops Front N N N N , (detached) Side N N N N Rear ( N N N N 5. Section 18.112.080.120 Fences, Walls, and Hedges (Page IlY-21) Paee III-21 The Specific Plan has been revised to include standards for retaining walls within the front yard setback. The standard requires front yard retaining walls to be a minimum distance of four feet from the back of sidewalk. Implementation of this new standard in the Specific Plan requires new standards for side, rear, interior, or street side setbacks (consistent with the Anaheim Zoning Code) and adding a nea• graphic (Page III-22). a Insert new language on Page III-21 as follows; Fences, Walls and Hedges. Fences, walls; hedges and berms shall be permitted and/or required in single-family residential zones subject to the conditions and limitations set forth in Section 18.46.110 of Chapter 18.46 (Landscaping and Screening). 1201. Front yard Setbacks. Crib and retaining walls not to exceed three (3) feet in height are permitted within the required front yard setbacks provided that they are located at least four (4) feet from the property line. Fences and other walls are not permitted within required front yard setbacks. 1202. Side, Rear, Interior, ar Street Side Setbacks. Fences, walls, retaining wall and crib walls, or any combination thereof, are permitted in side, rear, interior, or street side setbacks provided that the total combined height does not exceed ten (10) feet. Insert new graphic titled 18.112.080.120 Fences, Walls and Hedges. RAV RAY vAR se'a le• vnR ar-s9' vna sr-s9' YAR 29' VAR VAR 29' It' 10'-IA' 11' 11' B'-16' B'-16' tl' 11' )' 911Q UNE T BIKE UNE 5' SIDEWALK MAV MEANDER IN UNDSGPE SETBACK WEIR CANYON ROAD -PUBLIC (Looking West) 5'SIDEWALK MAY MFANDER ' IN UNDSGPE SETBACK Modified Hillside Primary {Four lanes) )EWALK MAY MUNDIR UNDSGPE SETBACK WEIR CANYON ROAD -PUBLIC (Looking West) Modified Hillside Primary (Four Lanes) Road Sections A, - ~ Exhibit 7A Mountain Park Specific Plan (SP90-4, Amendment No. 1) Not To Scale March 11, 2005 RN+ w"1 RAV YAR>3'd8' vna 33'-11• vM 39•-/r /' 39' VA0.0'd' VAR Pd' 29' 10' ~ ~~ u^ n• n' at• S'SIDEWALK MAV MEANDER 2, ~, IN LANDSUPE SETBACK BIIJ: BIKE UNE UNE GYPSUM CANYON ROAD -PUBLIC (Looking Southl ~, .. Modified Hillside Prirtury IFoor lanes) RAV RM~ 9/' /r /r 10' 29' B' B' 29' IB' 11' 11' 11' I1' T T BIKE BIKE I.WE UNE 5' SIDEWALK MAY MEANDER IN LANOSUPE SETBACK SANTA ANA CANYON ROAD • PUBLIC (Looking EasU ~, V Modified Hillside Secondary F/VJ BhV 90• 32' 38' a' 20' B' B' 20' IB' B, rz• Ir B. BIKE BIKE UNE 2ANE S' SIDEWALK MAY MEANDER IN LANDSUPE SETBACK MOUNTAIN PARK DRIVE -PUBLIC (Looking North & East) ~, c Modified Hillside Collector Road Sections C - E Exhibit 7B Mountain Pork Specific Plan (SP90-4, Amendment No. 1) Nat 7o Scale March 11, 4005 RAV PAV 5{' 2{' 30' ... .... {' xo• xo' Io• tz tt' B. 9' BIKE BIKE LANE LANE ERRS ROtlIDCUaB RouID CURB {' SIp EWALN MAY MEANDER IN LANDXAPESETBACK MOUNTAIN PARK DRIVE-PRIVATE (Looking North& East) ~, r ModlFled HIIlside Collector ns 1 S' 20' ~ 20' 5' i' iT 12' 8' B' BIKE BIKE LANE UNE S.R. 241 BRIDGE OVERCRO SSING -PRIVATE (Looking East) G arx anv ~o' 32' 38' {' 20' B' B' 20' 10' 9' tT tt' B' BIKE BIKE LANE LANE ROLLED CURB POLLED CURB RO CURB ROLLHI CURB {'SIDEW ALK MAY MEANDEII IN IAN DSCAPE SETBACK GYPSUM CANYON ROAD -PRIVATE (LookingSoLrth) STREET'A' -PRIVATE (Looking East) STREET'S'-PRIVATE (Looking fast) ~, u n Modified Hillside Cotleaor Road Sections F - H Exhibit 7C Mountain Park Specific Plan (SP90-4, Amendment No.1) March 11.2005 Not To Scale P/1Y RAV Br x~ ,I• a 10• e• a• rr IBS RrxEv 911VACE ROLIHI CURB ROLLED CUPB POLLFO CUPBS I' SIDEW All(M AY M EANDER IN LANDSCAPE SETBACK GYPSUM CANYON ROAD -PRIVATE (Looking Solxth) STREET'C'-PRIVATE (LookingEast) STREET'D'-PRIVATE (Looking Fast) STREET 'E'-PRIVATE (Looking West) ^ I Modified H illside Colleww W ith Fire Access Condition ' Nate: Adriveahle medianisa paved median ahutdnga rolled curh. The pavemem surface must support emwgency vehicles and shall be approved by the Fire D epartment. Pnv RM' BB• m Ir u• E r v~ z• r a• t0• (\ IX6TBiG SLOP T - T \\ `F%IANGSLOPE BIXE BIXE LANE UNF [ONCREn:BARPIER ALLPUPPOSETM4 GYPSUM CANYON ROAD (Under SR-97 Freeway-Looking North) ~, w Modified Hillside Primary (Four Lanes) • Flnal design and ownwshlp are subject to Cahrans /County approval Road Sections 1 - J Mountain Park Specific Plan (SP90-4, Amendment No. 7 ) Exhibit 7D March 71, 2005 RAY RAY 56' 3B' ]e' 10' 1B' la' 10' PKG. PKG. AULLBD CURB gG11FD CURa I' SIDEW ALK MAY M EANDEf1 1' SIDEW ALK MAY MFANDEA IN LAN DSCAPE SETBACK IN LANDSCAPE SETBACK TYPICAL HILLSIDE INTERIOR STREET -PRIVATE (N of Shownan C ircuiatian Plan) Typical Hillside Interior Street Section Mountain Park Specific Plan (SP90-4, Amendment No. 1) Exhibit 7F March 11, 3005 STREET WIDTH TO THIS POIN'C n^ R=1" TYPE I MODIFIED ROLLED CURB AT PARKWAY (PRIVATE ROAD) STREET WIDTH _ TO THIS POINT TYPE II MODIFIED ROLLED CURB AT MEDIAN (PRIVATE ROAD) Rolled Curbs Standard Sections Exhibi4 7E Mountain Park Specific Plon (SP90-4, Amendment No. 1 J "'°'~' "•'0°g PRNATE COURT PRNATE COURT ical Private Court Sections Mountain Park Specific Plan (SP90-4, Amendment No.1) Exhibit 7G March 11, 3005 Not Ta Scale ncl Inilions' 18.112.030 (Lat, Reversed Building Frontage) r~._ ; -~ ~ t ~---~ _-~~ ~,,. A~tin. Side Setback - !. ~~ Min. Rear Setback ~- Min. Succt Side Setback Main Slnxt i~ //~ ~- Drivc~eay -Min. Garage Setback Min. Front Setback CORNER LOT W[TH REVERSED BUILDING FRONTAGE UcFinitions 1 S.1 12.030 (Setback, Street Side) ~- -- Curb R ` ~ ,~ Min. Rear Setback .;y r ~/ Min. Garage Setback - ~ ~- Driveway ~.. _ brtion Min. Side Sctback Min. Street Side Setback .. CORNER LOT WITH STREET SIDE SETBACK Min. Front Sctback Driveway Main Street Ueflnitions 18.112.030 (Setbacks) 1 Min. Rear Setback, I r Min. i - -R~ Min. Side Min. Front Setback Min. Garabe Setback Liivcway Curb Public or Private Strest 18.112..080.120 (Fences, Walls, and Hedges) ~ Fence or Wall ~ Height Varies 0 0 III I-II~II= - - Retaining Wall -~~ Height Varies ~=L~~ ~ ~ =II~I.IIIII Il it II ~Ililiii~.~~~- Section v s ,p U ~a d m o: ~ Maximum 10'-0' High Combined Fence, Wall, Retaining Wall m ~ A ~ Maximum 3'-0' ,~, ~ ~ ~ o c High Retaining Wali o m c}~ rn Driveway 5'-0' Sidewalk Private Street Plan Exhibit 3 Mountain Park Specific Plan III. ZONING AND DEVELOPMENT STANDARDS "CHA PTER 18.112 SPECIFIC PLAN NO. 90-4 (SP 90-4, AMENDMENT NO. 1) ZONING AND DEVELOPMENT STANDARDS Sections 18.112.010 Purpose and Intent 18.112.020 General Provisions 18.112.030 Definitions 18.112.040 Methods and Procedures for Specific Plan Implementation 18.112.050 ' Dwelling Unit Transfer Procedures 18.1 ]2.060 Application Fees 18.112.070 Tree Replacement 18.112.080 Single-Family Detached Residential Zones 18.112.090 Single-Family Cluster Residential Zones 18.112.100 Public and Special Purpose Zones 18.112.1 ]0 Sign Regulations 18.112.120 Dedication and Improvements 18.112.130 Development Review and Permits ] 8.112.140 Penalties for Violations 18.112.150 Amendments, Conditional Use Permits and Variances. 18.112.160 Reclassification Procedure -Violation March 28, 2005 III-I Zoaing & Development Standards Mountain Park Specific Plan 18.112.010 PURPOSE AND INTENT .010 The regulations set forth in this Chapter have been established to provide for the"orderly development of, and upon adoption of an ordinance reclassifying said property to this zone, shall be applicable [o that certain property (hereinafter referred to as the `Specific Plan area') described in the Specific Plan No. 90-4 document (hereinafter referred [o as the `Specific Plan') marked `Exhibit A' and on file in the Office of the City Clerk approved by the Anaheim City Council on and amended on , as the same may be hereinafter amended. These standards provide for the arrangement, development and use of a variety of residential housing types, recreation facilities and open space consistent with the intent, purpose and goals of the City's General Plan and Zoning Ordinance. Application of these regulations is specifically intended to provide for the most appropriate use of the land, create a harmonious relationship among land uses and protect the health, safety and welfare of the community. .020 In accordance with the provisions of Chapter 18.72 (Specific Plans), the standards herein are patterned after the zone districts and definitions contained in Chapter 18 `Zoning' of the Anaheim Municipal Code. 18.112.020 GENERAL PROVISIONS .010 Differing Definitions, Regulations or Standards. Whenever any definitions, regulations or standards contained in this Chapter differ from or conflict with other chapters of the Zoning Code, the regulations contained in this Chapter shall take precedence. .0101 All development in this zone shall comply with the development standards and regulations of Chapter 18.18 (Scenic Corridor Overlay Zone) of the Anaheim Municipal Code, except that development in this zone shall be subject to the permitted Maximum Structural Height, provisions set forth in Section 18.112.090.050 (Structural Heights - Single-Family Detached) and 18.112.100.050 (Structural Heights -Single-Family Cluster) of this Chapter .0102 Manufactured Slopes that are utilized as Fuel Modification Areas, as depicted on Exhibit SB of the Specific Plan, shall be subject to the provisions set forth in Council Policy No. 211 (Hillside Grading) and the landscape requirements set forth for slopes in Code Section 17.06 (Grading, Excavations and Fills in Hillside Areas), or alternatively, [he property owner/developer may submit a grading plan which modifies the contour grading provisions of Council Policy No. 211 and a landscape plan which provides for the planting of enchanted landscape that creates a contoured slope appearance equivalent to that otherwise required by Council Policy No. 211. The grading and landscape plans shall be subject to the review and approval of the City of Anaheim Public Works, Fire and Planning Departments. .020 Zoning Code. Any reference to the "Zoning Code" made in this Chapter shall mean Title 18 of the Anaheim Municipal Code. .030 Maximum Number of Dwelling Units/ Dwelling Unit Transfer. The maximum number of dwelling units permitted by this Specific Plan is 2,500. Any proposed attached units may be constrncted as single-family units, pursuant to the applicable single family zones for that development area. The approximate number of dwelling units within each residential development area is shown on Table A, Development Plan Statistical Summary. Dwelling units in residential development areas as shown on Table A, Development Plan Statistical Summary, may be transferred to other development areas in accordance with Section 18.112.050. Transfers of dwelling units between residential development areas shall be deemed consistent with the General Plan, provided all of the following requirements are met: .0301 The overall maximum of 2,500 dwelling units is no[ exceeded; .0302 The general location of development areas is as shown on the Specific Plan; .0303 The al{owable General Plan density for each development area is not exceeded; .0304 At leas[ forty (40) percent of the dwelling units in Development Area I are developed in an RMP-1 zone. March 28, 2005 III-2 Zoning & Development Standards Mountain Park Specific Plan .0305 The cumulative number of dwelling units transferred shall not exceed 250 dwelling units. .0306 W ithin a Development Area, individual tract or parcel map densities within a tract or parcel map may exceed the general plan maximum provided the overall density for dte Development Area does not exceed the general plan maximum. ' .0307 No more than 33% of the total dwelling units constructed in Mountain Park shall be single-family attached. .040 Development Area Boundaries. The boundaries of individual development areas and acreages as established by this Chapter are approximate and are limited in accuracy by the scale at which Exhibit 3, Development Plan Map, is drawn. Acreage figures on Table A, Development Plan Statistical Summary are shown to the nearest acre based upon computer readings of the Development Plan Map at a scale of I"=500'. .0401 Modifications to the configuration and size of development area boundaries, no[ to exceed fifteen (15) percent, may result from technical refinements and site conditions in the development azea plan and/or subdivision map process. .0402 In addition to and separate from the modifications and fifteen (IS) percent limitation described above, configuration and acreage modifications may occur in the subdivision map process as a result, directly or indirectly, of: ° the precise alignment of the Weir Canyon/SR-241 interchange ° the precise alignment of the Mountain Park Road/ SR-241 overcrossing ° modifications to existing SR-241 slope easements ° modifications to the SR-91 right-of--way including the Gypsum Canyon interchange and • the precise alignments of roadways approved by the City of Anaheim. .0403 Schools and putilic parks are shown symbolically within certain development areas and may be relocated or eliminated subject to the approval of alternative agreements with the City of Anaheim and/or [he Orange Unified School District. .0404 Precise developmenYazea boundaries and acreage will be established as hereinafter provided by the submittal, review and approval of subdivision plans in conjunction with the subdivision process as se[ forth in Title 18 of the Anaheim Municipal Code. Boundary and acreage variations from those shown bn$xhibit 3, Development Plan Map,. and Table A, Development Plan Statistical Summary, shall be permitted aspart of the subdivision approval in accordance with this section without amendment to the Specific Plan. The City Zoning Map shall reflect the boundaries of the development areas as defined in conjunction with the recordation of subdivision maps. .050 Model Homes: Model homes, their garageSand prva[e recreation facilities maybe used as offices for the sale of homes within a development area, subject to the regulations of the City of Anaheim governing said uses and activities. .060 Grading. All grading shall comply with all applicable regulations contained in Title 17 of the Anaheim Municipal Code. Subject to the review and approval of the City Engineer, variations from Exhibit 12A, Grading Concept Plan, may occur with technical refinements in final grading plans. .070 Building Permits. All construction shall comply with all provisions of the Anaheim Building Code and applicable sections of Title 15 of the Anaheim Municipal Code. Construction within any development area may commence only after the Planning Director finds that the construction proposal, these regulations and applicable policies and guidelines of the Mountain Park Specific Plan are consistent. The issuance of building permits mayoccur only after Site Plan approval has been obtained from the City of Anaheim, subject to the procedures set forth in Section 18.112.040, and recordation of final tentative Vact or parcel maps in conformance with requirements of the Subdivision Map Ac[ and Title 17 of the Anaheim Municipal Code. .080 Terms. Terms used in this Chapter shall have [he same definitions as provided in the Anaheim Municipal Code, unless otherwise defined, in Section 18.112.030 `Definitions' herein. March 28, 2005 III-3 Zoning & Development Stapdards Mountain Panc Specific Plan .090 General Plan Consistency. In adopting Ordinance No. approving and adopting the Specific Plan, the City Council of [he City of Anaheim made certain findings of consistency between the General Plan of the City of Anaheim and the Specific Plan. In granting future approvals as contemplated by this Chaptecand by the Specific Plan, the particular person or body so acting shall not do so in sucha manner so as to abrogate or nullify those findings. 18.112.030 DEFINITIONS The following definitions which aze different from or additional to the Zoning Code shall apply to the Mountain Park Specific Plan. For all other phases, term s and words, Chapter 18.92 of the Zoning Code shall apply: Acres, Cross: The overall acreage of a Development Area, as defined herein, or legal parcel, which includes all roads except arterial highways as measured a[ their ultimate right-of--way width. Architectural Projectioru: Architectural projections are strnctural elements such as bay windows with window seats, potshelves, cornices, enclosed eaves, sills, buttresses, balconies and patios (open and semi-enclosed) projecting from the main building wall. (Semi-enclosed patios shall be at least fifty percent open.) Architectural Features: Design elements such as, but not limited to, towers; columns, cupolas, spires, turrets and horizontal roof ridge lines, attached or unattached to a primary stmcture or garage which are used to create a more interesting and aesthetically pleasing building, ye[ are not intended to provide usable floor space. Building Setback: See `Yard'. DevelopmentArea: The Mountain Park Specific Plan is divided into Development Areas as shown on Exhibit 3, Development Plan. Development Areas are conceptual areas containing one General Plan land use designation. The land use designations, the estimated number of units and the estimated number of acres for each Development Area are shown on Table A, Development Plan Statistical Summary. One or more zoning districts, may apply to a Development Area. Drive, Private: A private, internal vehicular aecessway for attached, semi-attached and detached single family dwellings. Dwelling, Single-Fandly Attached or Semi Attached: Attached orsemi-attached dwelling units each of which is designed for occupancy by a single housekeeping unit and each dwelling unit of which is designed, intended and legally capable of separate ownership including, but not necessarily limited to condominiums, townhouses, rowhouses, or other forms of clustered dwellings with individual ownership interests therein. Dwelling, Single-Family Detached: A detached residential building designed exclusively for occupancy by a single housekeeping unit and each dwelling unit of which is designed, intended and legally capable of separate ownership, including individual lots and condominiums. Garage, Rear-On: A garage fronting onto an alley which permits vehicular access thereto in a direction substantially perpendicular to the rear lot line. Height, Structural: The vertical measurement from the highest point of the structure (excluding any architectural projections which are expressly authorized above the maximum height) to the finished floor level of the lowest floor directly below such point (other than a basement the ceiling of which is located entirely at or below the finished grade of the land): If any of the following conditions exist, then the maximum height shall be the vertical dimension from the highest point of the structure (excluding any projections which this title authorizes above the maximum height) to the finished grade level of the land directly below such point: a) The lowest finished floor directly below such point is more than two (2) feet above the finished grade of the lot or building pad at any point abutting the foundation of the building, or b) There is no floor directly below such point, or c) The stmcture is not a building. March 28, 2005 III-4 Zoning & Development Standards Mountain Park Specific Plan Inferior Road or Interior Street: Typical Hillside Interior Streets as depicted on Exhibit 7F, Typical Hillside Interior Street Section. Large-lot Subdivision: A tract map or parcel map prepared for £nancing or conveyance purposes and subject to further subdivision approval prior to the issuance of building permits. Loading Space: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for [he temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Lat: A parcel of realproperty shown as a delineated parcel of land with a number or other designation on a plat recorded in the Office of the County Recorder of Orange County. All lots must contain an area not less than the prescribed minimum square footage and lot width required for the zone in which it is located, abut a[ leas[ one public street, or alley, or abut one private street which has been identified on a tentative tract or parcel map as a lettered lotto be used for street purposes. Lot Reversed Buirding Fraelage: A comer lo[ in asingle-family residential zone on which the dwelling is constructed so as [o front onto the street lot line with the longest street frontage. Lat Reversed Corner: A corner lot, the side street line of which is substantially a continuation of the front lot line of the comer upon which it rears. Lot Area: The total horizontal area within the boundary lines of a lot. Lat Coverage: The percentage of the lot area covered by buildings or structures; including all covered parking spaces but not including walkways, driveways, private drives, swimming pools and semi-enclosed patio structures. Semi-enclosed patio stnictures shall have at least one (i) side that is completely open to the outside and may have a solid or open-work roof. Lo! Line, Front: In the pose of an interior lot, a line separating the lot from the public or private rightwf--way (excluding alley). In the case of a comer lot, the line separating the narrowest street frontage of the lot from a public right-of--way. Lo! Line, Rear: A lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line in the case ofan irregular, triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lo[ line: Parking Area, Public: An open area other than a stree[or alley, used for the temporary parking and available for public use whether free, for compensation, or as in accommodation for clients, customers, or guests. Porte-Cocbere: An accessory residential use consisting of a reserved space, roofed or unroofed, and attached to the side of a dwelling, and established for the convenient loading and unloading of passengers. School An institution of learning which offers instruction in the several branches of teaming and study required to be taught in public schools by the California Education Code. Setback Required: The minimum dimension between a structure and the adjacent public right-of--way such as a street, highway, expressway or freeway; or any adjacent private vehicle accessway easement, excluding private driveways; or any railroad or any riding and hiking trail easement; or any interior property line. Setback; Street Side: The side area abutting a street on a reverse comer lot or a reverse building frontage of a normal come lot which extends from the rear property line to the front setback line: Site Area: The overall building area of asingle-family cluster residential zone, including all interior roads, driveways and any required landscaped areas as defined in this Section except for arterial road rights-of--way and also including one or more lots as defined herein, when part of a subdivision map. June 21, 2005 III-5 Zoning & Development Standards. Mountain Park Specific Plan Site Coverage: The percentage of the site area covered by buildings or structures, including all covered parking spaces but not including walkways, driveways, private drives, swimming pools, semi-enclosed patio structures and regrea[ion-leisure buildings. Semi-enclosed patio stmctures shall have at least one (1) side that is completely open to the outside and may have a solid or open-work roof. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is not a floor aboveit, then the space between such floor and the ceiling next above it. Street: A public or recorded private thoroughfare which affords primary means of access to abutting property. Stree! Line: The boundary line between street and abutting property. Street Side: That street bounding a comer lot and which extends in the general direction as the line determining the depth of the lot. Structure: Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but no[ including fences or walls used as fences less than six (6) feet in height. Tandem Parking Space: Any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress [o or egress from such space blocked by a vehicle properly parked in a contiguous parking space. Yard: An open space on a lo[, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. Yard Front: A yard extending across [he full width of the bt between the dwelling and the front property line, the depth of which includes the minimum required front setback Yard, Rear: A yard extending across the full width of the lot between the dwelling and the rear property line; the depth of which includes the minimum rear setback. Yard, Side: A yard other than a required front and rear setback, the width of which includes the minimum side setback. 18.112.040.. METHODS AND PROCEDURES FOR SPECIFIC PLAN IMPLEMENTATION The methods and procedures for implementation and administration of the Development Standards, as well as the policies, guidelines and other conditions of this Specific Plan are prescribed as follows:. .010 Implementation. The Specific Plan shall be implemented through the processing of Lazge-lot Subdivisions, subsequent (builder) subdivisions, and site plans. In addition, Development Area Plans will be processed for Development Areas 1, 2, 3, 4, 5 and 7. The Development Area Plans and site plans may be submitted concurrent with tentative subdivision maps. .020 Development Area Plans. .0201 DevelapmenlArea Plan Con(ents. The Development Area Plan shall consist of a 1 "=500' diagram ofthe Development Area. The following information shall be shown on the plan: roadways as shown on the Mountain Park Specific Plan; subdivision map boundaries, size and location of any public school; size and location of any park; size and location of any public recreational facilities; configuration and acreage of each zoning district which will be applied to residential construction projects (onezoning district per project), together with the number ofsingle-family detached and attached units in each zoning district; and a Statistical Summary. .0202 DevelopmenlArea Plan Approval The ^evelopmeht Atea Plans shall be reviewed at a duly noticed public hearing by the Planning Commission prior to or concurren~ with the approval of the first tentative tract map or parcel map within the Development Area for consistency with the Specific Plan and this chapter. Notice of said hearings shall be given in the same manner as specified for tentative tract map hearings in the Municipal Code. If the Development Area Plan is found to be consistent with the Specific Plan and this chapter, the Planning Commission shall March 28, 2005 III-6 Zoning & Development Standards Mountain Park Specific Plan approve the Development Area Plan. The Planning Commission's decision shall be final, subject to appeal or review by the -- ~- City Council in the same time and manner as provided for appeal of decisions from the advisory agency on tentative tractor parcel maps asset forth in [he Municipal Code. .030 Site Plan Approval. The site plan(s) for a particular development area shall be reviewed at a duly noticed public hearing by the Planning Commission prior [o or concurrent with the approval of residential tentative tract or parcel maps (except for Large-lot Subdivisions), or prior to issuance of building permits for proposed developments for which a tract or parcel map is not required by law, for consistency with the Specific Plan and this Chapter. Notice of said hearings shall be given a[ the same time and in the same manner as specified for hearings for tentative tract or parcel maps in the Municipal Code in the case of residential development areas; or in the same time and manner specified for variances and conditional use permits in the Municipal Code, in the case of commercial developments or other proposed developments for which a tract or parcel map is not required by law. If the site plan is found to be consistent with the Specific Plan and this Chapter, [he Planning Commission shall approve the site plan. The decision of the Planning Commission shall be final subject to appeal or review by the City Council in the same time and manner as provided for appeal from decisions of the advisory agency on tentative tract or parcel maps as set forth in the Municipal Code. March 28, 2005 III-~ Zoning & Development Standards Mountain Park Specific Plan MAP-SETBACKS March 25,2005 III-S Zoning & DevelopmentStandards Mountain Park Specific Plan .040 Site Plan Consistency. Following approval of a site plan, if any changes are proposed regarding the location or alteration of any use or structure shown on an approved site plan, a revised plan may be submittedio the Planning Director for approval If the Planning Director determines that the proposed revision complies with the provisions of the Specific Plan and the general intent of the approved site plan, the revised plan may be approved without resubmittal to the approval process described in Section 18.112.040.030. Said decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. .050 Specific Plan Amendments. Amendments to the Specific Plan shall be processed in accordance with Chapter 18.72 mFthe.Anaheim Municipal Code (Specific Plans). 18.112.050 DWELLING UNIT TRANSFER PROCEDURES .010 As provided in Section 18.112.020.030 of this Chapter, the Planning Director may approve transfers of dwelling units between residential development areas. .020. Applications for dwelling unit transfer shall be submitted to the Planning Director and signed by both the owners of the property from which the units will be transferred as well as the owners of the property to whom the units will be transferred. Applications shall be accompanied by an exhibit showing the locations of the dwelling unit changes, a revised Table A, Development Plan Statistical Summary and such other information as deemed necessary by the Planning Director. .030 The Planning Director shall review the application to determine whether the proposed transfer is consistent with the :Specific Plan. In no even[ shall the Planning Director approve the transfer if it is inconsistent with this document or any other provision of the Municipal Code. .040 The Planning Director shall have sole discretion to refer consideration of the application to the Planning Commission for a noticed public hearing. .050 The action of either the Planning Director or the Planning Commission, if so refered, shall be subject to review/appeal by the City Council in the same manner as provided in Section ] 8.60 (Procedures). 18.112.060 APPLICATION FEES By resolution, the City Council may establish fees for processing site plans, development area plans, dwelling unit transfers and any other applications for subsequent approvals [o carry out the purposes of [his Chapter to implementor amend Specific Plan No.90-4. 18.112.070 TREE REPLACEMENT Preservation and replacement ofsigni5cant stands and single specified Vees in Mountain Park is necessaryto preserve the natural beauty of the Santa Ana Canyon environment and maintain the visual identity of the area. The Mountain Park Specific Plan provides for the replacement of trees at a ratio of 20:1. Notwithstanding Municipal Code Section:18.18.04Q, the Following requirements shall apply to Mounmin Park. .010 Definitions. In the context of this Chapter, the following words shall have the meaning respectively ascribed to [hem: `Specimen Tree' is hereby defined as any tree of the Eucalyptus varieties (Eucalyptus), Quercus varieties (Oak), Schinus varieties (Pepper), or Platanus varieties (Sycamore), with a trunk measuring eight (8) inches or greater in diameter, measured at a point four (4) feet above ground level. `Stand' is hereby defined as five (5) or more Specimen Trees whose trunks are within 75 feet of each other. March 28, 2005 III-9 Zoniog & Development Standards Mountain Park Specific Plan .020 Scope. Prior to approval of each mass grading plan for the Mountain Park Specific Platiatea~"a Master Specimen Tree Removal Permit for the area to be graded must be approved by the City. The purpose of the Master Specimen Tree Removal Permit shall be to document the number of existing trees to be removed and the gµmber of new trees to be planted. if the specimen trees to be removed are located within graded areas as identified in Appendix C, Conceptual Grading Plan, and if the removed Vees are replaced in accordance with Section 18.112.070.040 below, the tree removal permit shall be approved. :030 Application to Cut Down, Destroy or Remove Specimen Trees. Applications for authority to cut down, destroy or remove Specimen Trees shall be filed with the Planning Department on forms provided for such purposes together with a filing fee as established by resolution of the City Council. The application shall show clearly on a grading plan, the location and species of the trees sought to be removed. On a separate diagram the application shall show the number and general location of trees to be planted. The actual planting of new trees is expected to be phased with the constmction of [he project. All final landscape plans shall be consistent with the Master Specimen Tree Removal Permit. The Master Specimen Tree Removal Permit may be amended in conjunction with the approval of any final Landscape Plan by the Planning Commission, provided the total number of replacement trees are in compliance with Section 18.18 of the A.M.C. .040 Replacemeot of Trees. Each specimen tree removed by grading will be replaced by up to four (4) trees from the City's Replacement Tree List (Table t 8-B) Section 18.18.040 in any landscaped areas in accordance with Anaheim Municipal Code Section 18.18.040. Each specimen tree removed by grading will also be replaced by additional trees chosen from the following specified list up to an overall replacement ratio of 20 to 1. Replacement trees may also be located in open space areas as defined on the Mountain Park Development Plan pursuant to habitat mitigation programs approved by County, state and/or federal agencies. Final landscape plans will identify the location and number, respectively, of replacement trees to be planted consistent with the Master Specimen Tree Removal Permit. Table 1 MOUNTAIN PARK TREE LIST Approx. Sq. Ft. of Min. Installation Botanical Name Common Name Canopy Coverage Size _.:... _.... in 10 Yrs. Agonis flexuosa Peppeanint Tree 450 24" box Albizia julibrissin Silk Tree 950 24" box Alnus rhombifolia White Alder 950 24" box Arbutus `Marina' N.C.N. 700 24" box Arbutus unedo Strawberry Tree 300 24" box Bauhinia vatiegata Purple Orchid Trea 300 24" box Betula pendula White Birch 175 24" box Brachychiton acerifolius Flame Tree 500 24" box Callistemon viminalis Weeping Bottlebmsh 175 24" box Calodendrum capense Cape Chestnut 500 24" box Cercis occidentalis Western Redbud 175 15 gal. Cnnamomum camphora Camphor Tree 700 24" box Cupressus forbesii Tecate Cypress 125 5 gal. Eucalyptus species* Gum Tree 315 (average) 5 gal: Ficus mbiginosa Rusty Leaf Fig 315 24" tiox Geijera parviflora Australian Willow 200 24" box Ginko biloba `Autumn Gold' Maidenhair Tree 315 15 gaL Harpephyllum caffrum South African Wild Plum 315 24" box Jacaranda mimosifolia Jacaranda 500 24" box Juglans Califomia Califomia Black Walnut 100 5 gal. Koelreuteria bipinnata Chinese Flame Tree 315 24" box Lagerstroemia indica Crape Myrtyle 17S 24" box Laurus noblis Sweet Bay 100 IS gal. Liquidambar styraciflua American Sweet Gum 300 24" box March 28, 2005 IIId-0 Zoning & Development Standards Mountain Park Specific Plan Table 1 (continued) MOUNTAIN PARK TREE LIST Approx. Sq. Ft. of Min. lostallation Botanical Name Common Name Canopy Coverage Size in 10 Yrs. Magnolia grandiflbra Sou[hem Magnolia 200 24" box Melaleuca quinquenervia Cajeput Tree 200 24" box Olea europaea* Olive 200. 15 gal. Pinus canariensis* Canary Island Pine 150 15 gal. Pinus coulteri* Coulter Pine 31S 15 gal. Pinus eldazica* Mondell Pine 150 15 gal. Pinus halepensis* Aleppo Pine 700 24" box Pinus pinea* Stone Pine 700 24" boz Pinus radiata* Monterey Pine 30p 24" box Pinus thunbergiana* Japenese Black Pine 100 24" box Pistacia chinensis Chinese Pistach 300 24"box Pittospomm undula[um Victorian Box 200 24" box Platanus acerifolia London Plane Tree 300 24" box Platanus racemosa Califomia Sycamore 700 15 gal. Podocarpus gracilior Fem Pine 200 24"box Populus Nigra `Italics' Lombardy Poplar 175 I S gal. Populus fremontii Western Cottonwood 300 5 gal. Pmnuscaroliniana Laurel Cherry 75 15 gal. Pyms kawakamii Evergreen Pear 175 24" box Quercus agrifolia Califomia Live Oak 300 15 gal. Quercus engelmannii Mesa Oak , 300 15 gaL Quercus ilex Holly Oak 175 24" box Quercus sober Cork Oak 300 24" box Quercus virginiana Southern Live Oak 300 24" box Rhos lances African Sumac 175 24" box Salix species Willow 250 5 gal. Schinus molle* Califomia Pepper 700 24" box Sequoia sempervirens Coast Redwood 100 15 gal. Tristania conferta Brisbane Box 175 15 gal. Ulmus parvifolia Evergreen Elm 450 24" box Umbellularia califomica California Bay 100 24" box *Trees Prohibited in Fuel Modification Areas 18.112.OS0 SINGLE-FAMILY DETACHED RESIDENTIAL ZONES The purpose of this chapter is to describe allowable land uses and property development standards, including density of development, for the single-family residential zones to create healthy, safe and attractive neighborhoods in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the single-family residential zones is described below. .010 Intent of Individual Zones. .0101 "RMP-1 "Zone. The intent of the "RMP-1"Single Family Detached Residential Mountain Park Zone is to provide an attractive, safe, and healthy environment of a hillside character with single-family detached dwelling units on a minimum lot size of seven thousand (7;000) square feet. This zone implements the Low-Medium Hillside Density Residential land use designation in the General Plan in Development Area L March 28, 2005 III-11 Zoning & Development Standards Mountain Park Specific Plan A102 "RMP-2"Zane. The intent of the "RMP-2"Zone is to provide an attractive, safe and healthy environment of a hillside character with single-family detached dwelling units on a minimum lot size of five thousand 0,000) square feet. This ione implements the Low-Medium Hillside Residential land use designation in the General Plan in Development Areas 1 and 2. .0103 "RMP-3"Zone. The intent pf the "RMP-3"Single Family Detached Residential Mountain Pazk Zone is [o provide an attractive, safe, and healthy environment in keeping with the natural amenities and scenic resources of the area, with single-family detached dwelling units on a minimum lot size of four thousand (4,000) square feet. This zone implements [he Low-Medium Hillside Density and Low Medium Density Residential land use designations in the General Plan in Development Areas 2, 3 and Z .0104 "RMP-4"Zane. The intent of the "RMP-4"Single Family Detached Residential Mountain Park Zone is to provide an attractive, safe, and healthy environment with single-family detached dwelling units on a minimum lot size of three thousand three hundred seventy five (3,375) square feet. This zone implements the Low-Medium Hillside Density and Low-Medium Density Residential land use designations in the General Plan in Development Areas 3, 4, 5 and 7. .020 USES. .0201 Primary Uses. Table 2 (Primary Uses: Single-Family Detached Residential Zones) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18:36.040 of Chapter 18.36 (Types of Uses). .0202 Accessory Uses. Table 3 (Accessory Uses and Stnuctures: Single-Family Detached Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section ] 8.36.OS0 of Chapter 18.36 (Types of Uses). .0203 Temporary Uses. Table 4 (Temporary Uses and Structures: Single-Family Detached Residential Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .0204 The allowable uses in Tables 2, 3 and 4 for each zone are established by letter designations as follows: (1) "P" designates classes of uses permitted by right; (2) "C" designates classes of usespertnitted with a conditipnal use permit; and (3) "N" designates classes of uses that are prohibited. .0205 /nterprering Classes ojUses. The provisions fpr interpreting the classes of uses in Tables 8, 9or 10 are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .0206 Un(isled Uses. Any class of use that is not listed in Tables 2, 3 or 4 is not permitted. .0207 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 2, 3 and 4. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table 2 P Permitted by Right. PRIMARY USES: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES C Conditional Use Permit Required N Prohibited RMP-1 RMP-2 RMP -3 RMP -4 Special Provisions Residential Classes of Uses Dwellings-Single-Family Detached P P P p Mobile Home Parks N N N N Residential Care Facilities P P P P March 28, 2005 III-12 Zoning & pevelopment Standards Mountain Park Specific Plan Table 2 (continued) P Permitted by Right PRIMARY USES: SINGLE-FAMILY DETACHED RESIDENTIAL ZO NES C Conditional Use Permit Required N Prohibited RMP-1 RMP-2 R11IP -3 RMP -4 Special Provisions. Non-Residential Classes of Uses Agricultural Crops N N N N Antennas-Private Transmitting P P P P Subject to § 18.38.040 Bed & BreakfastInns N N N N Beekeeping N N N N Community & Religious Assembly C C C C Convalescent & Rest Homes N N N N Day Care Centers C C C C Educational institutions-General C C P P Golf Courses & Country Clubs N N N N Group Care Facilities N N N N Oil Production N N N N Public Services P P P P Recreation-Low Impact P P P P Transit Facilities N N N N Utilities-Minor. P P P P Table3 P Permitted by Right ACCESSORY USES AND STRUCTURES: SINGL E-FAMILY C Conditional Use Permit Required DETACHED RESIDENTI AL ZONES .. N Prohibited RMP-I RMP -2 RMP -3 RMF -4 Special Provisions Accessory Living Quarters N N N N Agricultural Workers Quarters N N N N Animal Keeping P P P P Subject to §18.38.030 Antennas-Dish P P P P Subject to §]8.38.050 (may require a CUP) Architectural Features P P P P Day Care-Large Family P P P P Subject to §18.38.140_ Day Care-Small Family P P P P Fences & Walls P P P F Subject to § 18.40.050; this use may occur on a lot with or without a dwelling. Greenhouses-Private P P P P Home Occupations P P P P Subject to§18.38.130. Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling. March 2S, 2005 III-13 Zoning & Development Standards Mountain Park Specific Plan Table 3 (continued) P Permitted by Rigtit ', ACCESSORY USES AND STRUCTURES: SINGL E-FAMILY C Conditional Use Permit Required DETACHED RESIDENTIAL ZONES N Prohibited ', RMP-1 RMP -2 RMP -3 RMP -4 Special Provisions Mechanical & Utility Equipment- P P P P Subject to §18.38.160 Ground Mounted Mechanical & Utility Equipment- N N N N Ropf Mounted Parking Lots & Garages P P P P To serve needs of primary use only; 4- car limit for garages in RMP-I and RMP-2 Zones Petroleum Storage-Incidental P P P P Recreation Buildings & Structures P P P P Second Units P P P P Subject to §18.38.230 Solar Energy Panels P P P P Must be mounted on the roof parallel to the roof plane Senior Second Units C C C C Signs P P P P Subject to Chapter 18.112.130 .0209 Desfgn Cmnpatibility ojDeracLed Accessory Struclures. Any detached structure that is used to accommodate an accessory use listed in Table 9 (Accessory Uses and Structures: Single-Family Detached Residential Zones) and that is more than one hundred twenty (120) square feet in total floor area shall not have metal, vinyl, or plastic siding. Table4 P Permitted by Right TEMPORARY USES AND STRUCTURES: SINGLE-FAMILY C Conditional Use Permit Required DETACHED RESIDENTIAL ZONES N Prohibited RMP-1 RMP-2 RMP-3 RSMP-4 Special Provisions Contractor's Office & Storage P P P p Subject to § 18.38.105 Real Estate Tract Office P P P P The office shall be removed at the end of two (2) years from the date of the recording of the subdivision map or the sale of the last house, whichever is earlier Real Estate Tract Signs P P P P Subject to Chapter 18.44 Special Events P P P P Subject to§18.38.240 .0210 Additional Restrictions jor Temporary Uses. (1) Cargo containers may be permitted for the storage of construction materials only when building permits have been issued for substantial construction on the site. The containers shall not be used for the storage of furniture or other household items and shall not block vehicular or pedestrian access to the property. (2) Portable canopies and tarps are not permitted if they aze visible from a public right-of- way. In addition, tarps shall not be used as a permanent shield pr patio cover where visible tp residential uses. March 28, 2005 III-14 Zoning & Development Standards Mountain Park Specific Plan .030 Lo[ Area. -- --- .0301 The minimum lot area for single-family detached residential zones is shown in Table 5. Table 5 MINIMUM LOT AREA AND BUILDING PAD AREA: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zone RMP-1 RMP-2 RMP-3 RMP-4 Minimum Lot Area 7,000 square feet 5,000 square feet 4,000 square feet 3,375 square feet ,0302 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply .040 Lot Width. .0401 The minimum lot width for single-family detached residential zones is shown in Table 6. Table b MINIMUM LOT WIDTH: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zone Minimum Lot Width RMP-1 70 (55 feet for a maximum of 10% of the total lots) RMP-2 45 RMP-3 40 RMP-4 40 .0402 The lot width for a cut-de-sac or knuckle lot shall be measured a[ the required front setback line. .0403 A maximumbf five (5) percent of the total number of lots created by any division of land may be "flag" designed. .050 Structural Heights. .0501 Maxinmm HeigdG The maximum structural heights for single-family detached residential zones are shown in Table 7. Table 7 MAXIMUM STRUCTURAL HEIGHT: SINGLE-FAMILY CONVENTIONAL RESIDENTIAL ZONES Zone Maximum Structural Height RMP-1 30 RMP-2 30 RMP-3 30; 25 feet in Development Areas 3 and 7 RMP-4 30; 25 feet in Development Areas 3 and 7 .0502 Other Standards. The standards in this section a~ Limitations and Structural Setback in Chapter 18.40 (General Development to March 2S, 2005 III-IS Zoning & Development Standards Mountain Park Specifc Plan .0503 Accessory Buildings. Non-habitable accessory buildings, such as a garage, garden or stbtage' shed, shall not exceed a height of twelve (12) feet. .0504 Heiglu Exceptions. (1) Chimneys erected and maintained as an integral feature of a dwelling unit may exceed [he applicable height limitations of this section by a maximum of eight (8) feet. (2) Architectural featuresjexcept chimneys), subject to the review and approval of the Planning Commission in connection with Site Plans, provided any horizontal roofline does not exceed ten (10) feet in length nor ten (] 0) percent of the combined total length of all horizontal roof ridgelines on the structure, whichever is less, may exceed the applicable height limitations of this section provided: (a) The maximum height of any such embellishment shall not exceed thirty five (35) feet; and (b) The combined total horizontal area of all such embellishments exceeding the thirty (30) foot height limitation shall not exceed ten (10) percent ofthe total roof area. .060 Floor Area, .0601 FloarArea. The minimum livable floor area per dwelling, exclusive of garage azea, for single- family detached residential zones is shown in Table 8. Table 8 MINIMUM LIVABLE FLOOR AREA: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zoue Minimum Livable Floor Area RMP-1 1,225 square feet RMP -2 1,225 square feet RMP -3 1,225 square feet RMP -4 1,225 square feet .0602 Detached Accessory Buildings and Structures. The maximum cumulative square footage of all accessory structures as identified in Table 3 (Accessory Uses and Structures: Single-Family Detached Residential Zones) in this chapter shall be limited [o the minimum livable floor area of the main dwelling for the underlying zone as identified in Table 8 above and shall not exceed the square footage of the main dwelling. Any detached garage spaces that are required by this code shall not be counted towards [his limitation. .070 Lot Coverage. .0701 The maximum lot coverage for single-family detached residential zones is shown in Table 9. Lot coverage applies to the lo[ and does not apply to a building pad. Table 9 MAXIMUM LOT COVERAGE: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zone I Maximum Lot Coverage RMP-1 40% RMP-2 45% RMP -3 50% RMP -4 50% .0702 Accessory Buildings and Sructures. All accessory buildings and structures shall be included in the maximum lot covemge calculation except as otherwise specified in this chapter. March 28, 2005 III-16 Zoning & Development Standards Mountain Park Specific Plan .080 Structural Setbacks. .0801 The minimum setbacks for single-family detached residential zones are shown in TableIO. These setbacks apply in addition to the setback and yard requirements of Sections 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards). Encroachments into setback areas are contained in Table 11 below. Landscaped Tots owned and/or maintained by homeowner's associations may be included as part of required street side setbacks. .0802 Unless otherwise provided in this title, setbacks shall be measured from the ultimate right-of-- way, recorded access easement, or recorded riding and hiking trails. .0803 In addition to the provisions of Table 10, a garage door shall be set back from the ultimate right- of-way line of the street used for access in accordance with the following: (I) Fronr-On Garages: The minimum setback to [he face of the garage door of any `front- on' garage shall be not less than twenty-five (25) feet when equipped with a standard, tilt-up garage door and not less than twenty (ZO) feet when equipped with atoll-up garage door measured from [he ultimate right-of--way. .. (2) Side-On Garages: A minimum often (10) feet shall be provided as measured from [he lot line with a two (2) foot allowable encroachment for architectural projections. All driveways for side-on garages shall be a minimum of twenty (20) fee[ as measured a[ the centerline of the driveway. All side-on garage shall have atoll-up garage door. .0804 Notwithstanding any other provision, any structure used for human habitation shall maintain a setback of not less than ten (10) fee[ from any riding and hiking trail easement of record. Table 10 MINIMUM SETBACKS: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES Zone Minimum Setbacks RMP-1 Front IS feet for the first story; 20 feet for the second story and above. Side 5 fee[; The minimum street side setback on a reversed armer lot or reverse building frontage lot shall be 9 feet. Rear IS fee[ for the first story; 20 feet for the second story and above. RMP -2 Front 15 feet Side 5 feet from s[rnctures to the property line or 10 feet between structures on adjacent lots. (Zero side yards are permitted.); The minimum street side setback on a reversed comer lot or reverse building frontage lot shall be 9 feet. Rear 10 feet; 15 foot average. RMP 3 Front 10 feet Side S feet s from structures to the property line or 10 feet between structures on adjacent lots. (Zero side yards are Permitted.); The minimum street side setback feet on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 10 fee[; 15 foot average. RMP -4 Front 10 feet Side 5 feet from s[rnctures to the property line or 10 feet between structures on adjacent lots. (Zero side yards are permitted.); The minimum street side setback on a reversed comer lot or reverse building frontage lot shall be 9 feet. Rear 10 fee[; 15 foot average. June 21, 2005 III-17 Zoning & DevelopmentStandards Mountain Park Specific Plan .0805 Other Code Provisions. The standards in this section apply in addition to the setback and`Va~d requirements of Section 18.40.040 in Chapter 18.40 (General Development Standards). .0806 Accessaq~ Buildings and Structures. Accessory buildings or structures can be' attached to a main building or be entirely detached. .0807 Perndtted Encroachments. Allowable encroachments into the required setbacks in Table 16 are set forth in Table 17, except as provided herein (1) For zonesother than RMP-1 and RMP-2, the cumulative squaze footage of all encroachments shall not exceed five (5) percent of the lot area. (2) Accessory structures, except for fences, walls and hedges that do not exceed three (3) feet in height and pilasters/freestanding light fixtures that do not exceed four (4) feet in height, shall not encroach into a required street side setback. (3) Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. Table 11 PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES RMP- 1 2 3 4! Accessory Use/Structure Permitted Encroachment : S ecial Provisions Air Front N N N f N '. *Noise level must be less than 50 dB(A) Conditioning Side Y* Y:° Y* 'i Y* r measured at the lot line Units . Rear Y Y Y Y i If located in side setback, must not be on the side of the access ate Arbors/Trellis Front Y Y Y Y Maximum 8 feet high and 5 squaze feet Side Y Y Y Y Amateur Radio Front N `N N i N '. Towers Side N N N 4' N Rear N )N N N Awnings Front Maximum 4 fee[ Must be permanent, attached to the building, Side Maximum 2 feet decorative and properly maintained Rear Maximum 4 feet Balconies Front Maximum 30 inches (covered or Side N N N N ,! uncovered) Rear Maximum 4 feet Bazbeques Front N iN N '- N Maximum 5 feet high (Built-in Side Y Y Y J Y permanent) Rear Y i Y Y - Y Basketball Front N N N ! N courts Side Y Y Y <: Y : Rear Y Y Y i Y Carports/Porte Cocheres Front N N N N 4 Must be decorative, features must match main house Side Minimum 3 fee[ to roe line Rear Minimum 3 feet to roe line March 28, 2005 III-1S Zoning & Development Standards Mountain Park Specific Plan Table 11 (continued) "" " PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES RMP- _- 1 2'' 3 4.C Accessory Use/Structure Permitted Encroachment S ecial Provisions Decks (second Front N N N N : story only- Side N N.1 N N see"Porches" for at-grade decks) Rear N N'. N N Fencing/l'v'alls Front Y Y: Y Y Must comply with §18.46.110 of Chapter 18.46 Side Y Y'` Y Y : (Landscaping and Screening) Rear Y Y;c' Y Y Eaves/Roof Front Maximum 30 inches* "Shall not reduce or obstmct minimum overhang, Side Maximum 20 inches driveway dimensions. Cornices, Belt courses, Sills and buttresses, Architectural Projections Rear Maximum 30 inches Fire pits/ Front N N :' N N : * No closer than 5 fee[ to any property line Outdoor Side Y* Y* '': Y* N fireplaces Rear Y* Y* : Y* Y* ` Fireplaces Front Maximum 30 inches Side Maximum 20 inches Rear Maximum 30 inches Flag poles Front Y* Y* 4 Y* Y* Maximum height is same as underlying zone Side N N ": N N * Minimum 10 ft. from front property line Rear Y Y Y Y Fountains and Front Y* Y* Y* Y* * Minimum 10 feet from front property line Sculptures Side Y** Y"* = Y'° Y°* except minimum 5 feet from front property line Rear Y°" Yn° Y:* Y** ' in RMP-3 and RMP-4 zones **Maximum 6 feet hi h Garages Front N N C N N - Amount of encroachment shall not exceed 450 (detached) Side N N Y Y :° squazefeet Rear N N ': Y Y T Gazebos Front N N : N N *Maximum 10 feet high Side N N:? N _N Rear Y* Y* Y* Y* " Greenhouses Front N N ':. N N *Minimum 3 feet to side property line, not to (detached) Side N Y*':' Y* Y*..:: exceed 5 fee[ high Rear N Y*' Y* Y* Guard Railings Front Y Y '.: Y Y (where Side Y Y`' Y Y required for safety by City Codes) Rear Y '. Y''. Y Y : March 28, 2005 III-19 Zoning & Development Standards Mountain Park SpeciFlC Plan Table I1 (continued) PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: SINGLE-FAMILY DETACHED RESIDENTIAL ZONES _. RMP - 1 !2 3 4=:. Accessory Use/Structure I Permitted Encroachment S ecial Provisions Light fixtures Front N N N ':. N '. Must be hooded to prevent glare into adjacent (for tennis Side Y* Y* Y* Y* property courts} Rear Y«* Y°* Y** ': y** ' *Maximum 6 feet high °*Not [o exceed structural height of underlying zone Pazking Front N* N* N* N* *Except as provided in Chapter 18.42 Side Y«* Y?" Y«* ; y** **provided parking is screened from public Rear Yes yas yas y** ROW Patio Covers/ Front N N N ii N *Not to exceed 10 fee[ high and no closer than 5 Canopies Side N ;N N ` N feet from the rear property line.. (detached only) Rear N Y* Y* = Y* Pet enclosures/ Front N `N N '. N Dog runs Side N ".N N ;; N Rear Minimum 5 feet from rear roe line Pilasters/Light Front Y* Y*' Y* Y* * Maximum 4 feet high with fence, no closer Fixtures Side Y"« Y#* Y** y** than 8 feet on center; max. 7 feet high decorative (freestanding) : Rear yss ys. y«s y** freestandinglightfixtures ** Maximum 6.5 feet hi h for ilasters dnl Play Equipment Front N* ;N* N* ' N* ' *Permanent structures not permitted at any (over6 feet Side N iN N N height iugh) Rear Y** Y** Y«* 'y** - **Maximum 8 feet high Pool Cabanas Front N N N N *Maximum 8 feet high (detached) Side N cN N N z Reaz Y' Y" Y* 'iy* Pool Equipment Front N N N 4 N `' '. *Decibel level must be less than 50 dB(A) measured at the lotline If located in side setback, must not be on the side of the access gate Side Y* Y* Y* '; Y* Rear Y Y Y Y Pool Rock Formations/ Waterfalls Front N N N '-. N *Maximum 8 feet high Must be finished if back is visible to public ROW or SFR (over 6 fee[ high) Side Minimum of 3 feet from side ro e Tine . Reaz Y* Y* Y* i'.. Y* Pool Slides Front N :N N N : °Maximum 8 feet high (over 5 feet high) Side Minimum 5 feet to any roe line* Rear Minimum 5 feet to anv roe line* March 28, 2005 III-ZO Zoning & Development Standards Mountain Padc Specific Plan Table 11 (continued) PERMITTED ENCROACHMENTS FOR ACCESSORY USES/STRUCTURES: .cTNG1.F.-FAMTI,Y DETACHED RF.SiDENTIAL ZONES RMF- -_ 1 2 3 4' Accessory Use/Structure Peemitted Encroachment S ecial Provisions Pools/Spas Front N N P N N r Side Y Y Y Y Reaz Y ; Y i. Y Y Porches and Front T T " T T ':' *Uncovered decks only At-grade decks Side N' r N! N N '. Rear Y* Y°':. Y* Y° Recreation Front N N', N '.''. Nc Rooms (detached) Side Minimum 5 feet to side ro a line Rear Minimum 10 feet to reaz roe line Recreation Vehicles (storage longer than 3 days) Front Y* Y*:: Y* Y*' ' *Applies only for driveable RVs (trailers are not permitted) parked in permitted open parking spaces as provided in Chapter 18.42, nd overhang into public ROW or private access easement **Must be screened from public and private streets Side y• y•, yw ~.** Rear Yww ;Y••<. y.• Y** Satellite Front N ` N N N Dishes ` Side N N N N ' (freestanding, over 2 feet in diameter Rear N N N N Sheds Front N N N N Maximum 100 square feet -" (detached, pre- Side Y Y : Y Y Maximum 5 feet high fabricated, without utilities Rear Y Y Y Y Tennis Front N N N N - Only 1 coon per lot is allowed Courts/Sport. Side N N ! N N Courts Rear Y Y ' Y Y Tree Houses : Front N N N N ': Maximum 36 square fee[ (detached) Side N N N N Rear Minimum 5 feet from rear roe line Trees, Shrubs, Front Y Y "' Y Y '.: Including landscaped lots owned and(or Flowers, Flants Side Y Y ;: Y Y '' maintained by a homeowners' association. Rear Y Y Y Y Workshops Front N N N N (detached) Side N N N N Rear N N N N __ June 21, 2005 III-2] Zoning & Development Standards Mountain Park Specific Plan .090 Parking. Parking requirements for single-family residential zones are set forth in._Chapter ] 8.42 (Parkingand Loading). .100 Signs. Sign requirements for single-family residential zones are se[ forth in Chapter 18.44 (Signs). .110 Landscaping. Landscaping shall be required and/or permitted insingle-family residential zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). .120 Fences, W alts and Hedges. Fences, walls, hedges and berms shall be permitted and/or required in single-family residential zones subject to the conditions and limitations set forth in Section 18.46.110 of Chapter 18.46 (Landscaping and Screening). .130 Refuse and Recycling Storage Facilities. .1301 Location ojContainers. All single-family homes shall provide a screened location outside of the required front setback to store trash and recycling containers. .1302 Standards. Lots not developed with asingle-family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file with the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets or other public rights-of--way. Recycling bins shall also be provided. 18.112.090 SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES The purpose of this chapter is to define allowable land uses and property development standards; including density of development, for clustered single-family residential projects subject to condominium maps in order to produce healthy, safe, livable andattractive neighborhoods within the City of Anaheim, consistent with [he policy direction in the Anaheim General Plan. The intent of each of the single-family cluster residential zoning districts is described below. .010 Intent of Individual Zones. " .0101 'RMP-5"Zone. The intent ofthe "RMP-5" Single Family Residential Cluster Mountain Park Zone is to provide an attractive, safe, and healthy environment with clustered single-family detached dwelling units subject tp condominium maps. This zone implements the Low-Medium Density Residential land use designation in the General Plan in Development Areas 4 and 5. .0102 "RMP-6"Zane. The intent of the "RMP-6" Single Family Residential Cluster Mountain Park Zone is [o provide an attractive, safe, and healthy environment with clustered single-family attached dwelling units subject to condominium maps. This zone implements the Low-Medium Density Residential land use designations in the General Plan in Development Area 5. .020 Uses. .0201 Primary Uses. Table 12 (Primary Uses: Single-Family Cluster Residential Zones) identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses). .0202 Accessory Uses. Table 13 (Accessory Uses And Structures: Single-Family Cluster Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36,050 of Chapter 18.36 (Types of Uses). March 2S, 2005 III-22 Zoning & Development Standards Mountain Park Specific Plan .0203 Temporary Uses. Table 14 (Temporary Uses And Structures: Single-Family Cluster Residential- °- ~~ Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .0204 The allowable uses in Tables 12, 13 and 14 For each zone are established by letter designations as follows: (1) "P"designates classes of uses permitted by right; (2) "C" designates classes of uses permitted with a conditional use permit; and (3) "N" designates classes of uses that are prohibited. .0205 /nrerprering Classes ojUses. The provisions for interpreting the classes of uses in Tables 12, 13 and 14 are set forth in Section 18:36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses).. .0206 Unlisted Uses. Any class of use that is not listed in Tables 12, 13 or 14 is no[ permitted. .0207 Special Provisions. Additional requirements related to a use are referenced in the "Special Provisions" column of Tables 12, 13 and 14. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table 12 P Permitted by Right PRIMARY USES: SINGLE-FAMILY CLUSTER C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RMP-S RMP-6 Special Provisions Residential Classes of Uses Dwellings-Single-Family Attached Condominiums N P Dwellings-Single-Family Detached Condominiums P P Mobile Home Pazks N N Residential Caze Facilities N N Senior Citizen Housing N N Non-Residential Classes of Uses Antennas-Broadcasting C C Antennas-Private Transmitting C C Subject to § 18.38.040 Antennas-Telecommunications C C Subject [o §18.38.060 Bed & Breakfast Inns N N Community & Religious Assembly C C Convalescent & Rest Homes N N Day Care Centers C C Educational lnstitutions~'ieneral N N Golf Courses & Country Clubs N N Group Care Facilities N N Oil Production N N Public Services C C Recreation-Low-Impact P P Recreation -Swimming & Tennis C C Room & Board N N Transit Facilities N N March 28, 2005 III-23 Zoning & Development Standards Mountain Park Specific Plan Table 12 P Permitted by Right "" PRIMARY USES: SINGLE-FAMILY CLUSTER C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RMP-5 RMP-6 Special Provisions Utilities-Minor P P March 28, 2005 Ill-24 Zoning & Development Standards Mountain Park Specific Plan Table 13 ACCESSORY USES AND STRUCTURES: SINGLE- FAMILY CLUSTER RESIDENTIAL ZONES ` P Permitted by Right C Conditional Use Permit Required N Prohibited RMP-5 RMP-6 Special Provisions Animal Keeping P P Subjectto§18.38.030 Antennas-Dish P. P Subjectto §]8.38.050 (may require CUP) Architectural Features P P Day Caze-Large Family P P Subjectto §18.38.140 Day Care-Small Family P P Fences & Walls P P Subject to § 18.46.110; a fence or wall may occur on a lo[ with or without any other primary use structure Home Occupations P P Subjectto §18.38.130 Landscaping & Gardens P P Subjectto Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment- P P Subjectto §18.38.160. Ground Mounted Mechanical & Utility Equipment- P P Subjectto 18.38.170. Roof Mounted Parking Lots & Garages. P P To serve needs of primary use only Recreation Buildings & Structures P P Second Units N N Signs P P Subjectto Chapter 18.44 Solar Energy Panels P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Vending Machines N N .0208 Design Compatibility ofDetacGed Accessory Structure.- Any detached structure that is used to accommodate an accessory use listed in Table 19 (Accessory Uses and Structures: Single-Family Cluster Residential Zones) and that is more than one hundred twenty (120) square fee[ in total floor area shall no[ have metal, vinyl, or plastic siding. Table 14 P Permitted by Right TEMPORARY USES AND STRUCTURES: SINGLE- C Conditional Use Permit Required FAMILY CLUSTER RESIDENTIAL ZONES N Prohibited RMP-5 Contractor's Office & Storage P Real Estate Tract Office P Real Estate Tract Signs P Special Events P RMP-6 Special Provisions p Subjectto §18.38.105 P The office shall be removed at the end of two (2) years from the date of the recording of the subdivision map or the sale of the last home, whichever is earlier P Subject to Chapter 18.44 P Allowed only far grand openings or a significant remodel; Subjectto §18.38.240 March 28, 2005 III-25 Zoning & Development Standards Mcunlain Park Specific Plan 0209 Additions! Restrictions jor Temporary Uses (1) Cargo containers may be permitted for the storage of construction materials only when building permits have been issued for substantial construction on the site subject to Section 18.38.105. The containers shall not be used for the storage of furniture or other household items and shall not block vehicular or pedestrian access to the property. (2) Portable canopies and tarps are no[ permitted if [hey are visilile from a public righf-ot= way. In addition, tarps shall not be used as a permanent shield or patio cover where visible to residential uses. .030 Site Area. .0301 The minimum site area per dwelling unit for single-family cluster residential zones is shown in. Table 15. Table 15 SITE AREA PER DWELLING UNIT: SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES Zone Minimum.Site Area Per Dwelling Unit RMP-5 2,100 square feet RMP-6 1,600 square feet .0302 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply. .040 Lot Width. The minimum lot width for single-family cluster residential zones is shown in Table 16. Table 16 LOT WIDTH: SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES Zone Minimum Lot Width RMP-5 70 feet, except that a building permit may be approved for development on any City-approved, existing lot of record having a lesser width, subject to compliance with all other provisions of this title. RMP-6 Same as RMP 5 .050 Structural Heights. The maximum height for single-family cluster structures is shown in Table 17. Table 17 MAXIMUM STRUCTURAL HEIGHT: SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES Zone Maximum Structural Height RMP-5 35 feet RMP-6 35 feet .0501 Height Exceptiogs. (1) Chimneys erected and maintained as an integral feature of a dwelling unit may exceed '.. the applicable height limitations of this section by a maximum of eight (8) feet. March 28, 2005 III-26 Zoning & Development Standards Mountain Park Specific Plan .0502 Accessory Buildings. Al! accessory buildings, such as a garden or storage shedand recreation building, shall not exceed a height of one (1) story or fifteen (IS) fee[. ,060 Floor Area. .0601 Floor Area. The minimum floor area for single-family cluster residential dwelling units is shown in Table 18. Table 18 FLOOR AREA: SINGLE FAMILY CLUSTER RESIDENTIAL ZONES Zone Minimum Floor Area RMP-5 1,225 square feet RMP-6 950 square fee[ .0602 Calculations. For purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping, separated from other roomsby a door or a similaz partition. Further, all rooms (ether than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry) having seventy {70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." .070. Site coverage. The maximum site coverage for single-family cluster residential zones is shown in Table 19. Table 19 MAXIMUM SITE COVERAGE: SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES Zone Maximum Si[e Coverage RMP-5 55% for residential and accessory structures, RMP-6 55% for residential and accessory stmctures. .080 Structural Setbacks. The setback requirements in this section apply in the single-family cluster residential zones. These requirements apply inaddition to the Structural Setback and Yard Requirements in Chapter 18.40 (General Development Standards). .0801 Garage Setbacks. Where a building site abuts upon any arterial highway, garage setbacks are measured from the lot line or sVeet easement tine unless otherwise noted below: (1) Front-On Garages on Private Courts (excluding private sVeets) and Alleys: Three and a half (3.5) fee[ minimum with eighteen (18) inch allowable encroachment for second floor architectural projections. Front-on garage setbacks between nine (9) fee[ and twenty (20) fee[ shall not be permitted. (2) Front-On Garages on Public or Private SVeets: Twenty (20) fee[ minimum with aroll- up garage door and twenty-five (26) feet without atoll-up garage door as measured from ultimate right-of--way to the face of the garage door. Front-on garage setbacks between nine (9) feet and twenty (20) fee[ shall not be permitted. (3) Side-On Garages on public or private streets: Ten (10) feet minimum. .0802 Setbacks -Other. An open setback shall be provided around each building adjacent to interior lot lines, private streets, public or private alleys, or buildings located on the same building site. Minimum setback requirements shall be measured perpendicular to building walls and are determined based on the design of the building walF parallel to the street, interior property lime, or adjacent building. Each building wall shall be categorized as primary, secondary or blank based on the following criteria relating [o the placement of windows and doors: March 28, 2005 I^-27 Zoning & Development Standards Mountain Park Specific Plan (1) Primary; Building walls [hat contain entrances and exits and/ocwindows opening into living spaces where most activity occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms. Building walls with balconies arealso included. (2) Secondary: Building walls that contain windows opening into bathrooms, closets, stairwells and corridors. (3) Blank. Building walls with no window openings or points of access. .0803 Setbacks Abutting Interior Property Lines. Setbacks. for structures abutting an interior property line of ten (10) feet shall be provided along the entire length of the building. .0804 Setbacks Within One Hundred Fijty (1 SO) Feet ojRMP-I, RMP-2 and RMP-3 Zones. A setback of twenty (20) feet For structures located within one hundred fifty (150) feet of asingle-family residential zone defined on an approved Development Area Plan pursuant to Section 18.112.040.020 shall be provided along the entire length of any interior site boundary line. .0805 Setbacks Between Buildings. The minimum setback between parallel walls of two (2) separate buildings or between two (2) parallel facing walls of [he same building shall be six (6) feet. If a sidewalk is located between such parallel walls, the minimum setback shall be ten (]0) feet. .0806 WaB Length. The minimum length of any primary or secondary wall {as described in subsection .0802) shall be twelve (12) feet, with the exception that walls with windows for non-living space such as bathroomsand closets may be less than twelve (12) feet. The maximum length of any primary,secondary or blank wall shall be thirty (30) feet. .0807 Required Improvement ojSetback Areas. Required setbacks shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) and shall be permanently maintained in a neat and orderly manner. Pedestrian walks, benches., tot lots, recreational facilities such as shuffleboard areas, and vehicular accessways shall be permitted in the areas outside the minimum landscaped area, except where the setback is a requirement of subsection .040 above. In addition, the following decorative elements are permitted where they aze integral parts of a landscaped scheme comprised primarily of plants:. (1) Fountains, ponds, sculptures and planters. (2) Fences, walls and hedges conforming [o the provisions of Section 1$.46.110 of Chapter 18.46 (Landscaping and Screening). .0808 Allowable encroachments into the required setbacks in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code or other codes, as adopted by the City, shall not be permitted. Any encroachment,. except as described in subsection ,0802 below, shall not be permitted within required setbacks abutting single-family residences or streets. (1) An open or lattice covered patio may encroach into the required setback between buildings. (2) Cantilevered architectural projections, fireplaces, cornices, eaves, belt courses, sills and buttresses mayencroach into a required setback along an interior property line not more than four (4) inches for each one (1) foot of the width of the interior setback and may encroach into a required street setback not more than thirty (30) inches. {3) Fixed awnings may encroach into a required setback along an interior property line no more than three (3) feet. (4) Open, unenclosedbalconies may encroach into a required street setback no[ more than three (3) feet. (5) Private patios for ground-floor residential units may encroach not more than eight (8) feet into a required setback along an interior property line or a setback between buildings, but not into required landscape setbacks. March 28, 2005 III-28 Zoning & Development Standards Mountain Park Specific Plan (6) Covered or uncovered porches or landings that do not extend above the level of the first floor of the building and that include an open railing not more than thirty-six (36) inches in height may encroach into any required setback not more than five (S) feet. (7) Decorative guard railings for safety protection around hazazdous areas may encroach into any required setback. (8) The placement of outdoor recreational facilities may encroach into required setbacks between buildings on the same building site. (9) Trees,shrubs, flowersorplants shall be permitted in any required setback. (10) Fences and wails that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into required setbacks. .150 Recreational-LeisureandStorage Area. .1501 Recreariona!-Leisure Areas. Recreational-leisure areas for single-family residential zones shall be provided as set forth in this section. The size of lbe areas is shown in Tabla 20. Table 20 MINIMUM RECREATIONAL-LEISURE AREA PER DWELLING UNIT: SINGLE-FAMILY CLUSTER RESIDENTIAL ZONES Zone I Minimum Recreational-Leisure Area per Dwelling Unit RMP-5 1350 square Feet for each dwelling RMP-6 350 square feet for each dwelling .1502 The recreational-leisure areas required by Table 20 may be provided by private areas, common areas, private parks or a combination thereof, provided they meet the requirements set forth below. (1) Private Recreational-Leisure Areas. Private patios for ground floor units shall be not less than two hundred (200) square feet in area, with a minimum dimension often (10) feet. Private balconies shall be not less than seventy (70) square feet with a minimum dimension of seven (7) Feet. (2) Common Recreational-Leisure Areas. Common recreational-leisure areas may be composed of active or passive facilities and may incorporate side and rear setback areas with a minimum dimension often (10) Feet but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas: (3) Improvement of Common Recreational Leisure Areas. All common recreational-leisure areas shall be landscaped with lawn, trees, shrubs orbther plants as se[ forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-Type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. All required common recreational-leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscapeand irtigation plans. (4) Private parks shall be located in [he Development Area containing the dwelling units served. The entire site area of any private park shall be credited against the recreation-leisure area requirement. .1503 Srorage Areas. If no garage is provided, general storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit and may be provided in or adjacent to private recreational-leisure areas. Storage areas are not permitted encroachments into required setback aeeas.. .160 Parking and Loading. Parking requirements for single-family cluster residential zones with private streets are set forth below. Required parking spaces may be located on private streets. -- March 28, 2005 III-29 Zoning & Development Standards.. Mountain Park Specific Plan Table 21 " - PARHING AND LOADING Total Number of Bedrooms Minimum Numtier of Parking Spaces per Unit Studio unit I-bedroom 2-bedroom 3 or more bedrooms 1:L5 2.0 spaces 2.25 spaces 3.0 spaces (plus 0.5 space for each bedroom over 3 bedrooms) .1601 Two (2) parking spaces in front pf the garage door may count towards the requirement so long as there is a minimum of twenty (20 fee[ from atoll-up garage door and twenty-five (25) feet form atilt-up garage door to the ultimate right-of--way. Parking along private streets shall be included to meet parking requirements. .1602 Tandem parking of not more than two (2) vehicles deep shall be permitted for required parking when the two (2) spaces are assigned to the same dwelling unit. Pazking credit for required parking may be provided in a driveway having minimum dimensions of sixteen (16) feet wide and twenty-five (25) feet long where tha covered space is a garage equipped with a standard, tilt-up garage door and sixteen (16) feet wide and twenty (20) feet long where no door or a roll-up garage door is used. - .1603 The proximity of guest spaces to the unit they serve shall be reviewed and approved by the Traffic and Transportation Manager. .1604 Required parking spaces for residents and tenants are permitted on private streets and shall be unassigned and no fee shall be assessed for their use. .1605 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and pFoperties and from living or recreational-leisure areas to a height of twenty four (24) inches with the exception ofline-of--sight requirements as shown on Standard Plan No. 115 (pertaining to drive approaches). .1606 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .17p Signs. Sign requirements for single-family cluster residential zones are se[ forth in Chapter 18.44.070 (Signs in Residential Zones).. .180 Landscaping. In addition to [he provisions of this chapter, landscaping shall be permitted and/or required in single-family cluster residential zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). .190 Fences, W alts and Hedges. Fences, walls, hedges and berms shall be permitted and/or required in single-family cluster residential zones subject to the conditions and limitations se[ forth in subsection 18.46.110 of Chapter 18.46 (Landscaping and Screening). .200 Refuse Storage and Recycling Facilities. Residential units without garages shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file in the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent sVeets, public or private rights-of--way, or adjacent lots. Recycling bins shall also be provided. Trash storage areas shall not be located within required setbacks abutting lots zoned or used for single-family residential. March 28, 2005 III-30 Zoning & Development Standards Mountain Park Specific Plan 18.112.100 PUBLIC AND SPECL4L PURPOSE ZONES .010. Purpose. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the open space and public recreational zones in order to produce healthy, safe, and attractive neighborhoods within the Mountain Park, consistent with the policy direction in the Anaheim General Plan. The intent of each of the public and special-purpose zones is described below. .020. latent of Individual Zones. .0201 "OSMP"-Open Space Mountain Park Zone. The intent of the "OSMP" Zone is to protect and preserve open space for the preservation of natural resources, for the conservation and managed production of other resources, for outdoor recreation and education and for public health and safety. This zone is intended to be applied to permanent easements, public and semi-public land. This zone implements the Open Space designation in the General Plan. .0202 "PRMP"Public Recreational Mountain Park Zone. The intent of the "PRMP zone is to establish for [he benefiDOf the health, safety and general welfaze of the citizens of Anaheim and its visitors, a zone to preserve, regulate and control the orderly use and enjoyment ofCity-owned properties and facilities and adjacent private property. Property within the purview of the Pubtic Recreational zone includes City-owned property, whether the same is exclusively occupied by the City or is used by others on the basis of some agreement with or concession by the City. This zone implements the Institutional land use designation in the General Plan. 030. Uses. .0301 Primary Uses. Table 22 (Primary Uses: Public and Special-Purpose Zones) identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36.040 of Chapter I $.36 (Types of Uses). .0302 Accessory Uses. Table 23 (Accessory Uses and Structures: Pubtic and Special-Purpose Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .0303 Temporary Uses. Table 24 (Temporary Uses and Structures: Public and Special-Purpose Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .0304 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 22, 23 and 24 are set forth in Section 18.36.020 (Classification ofUses) in Chapter 18.36 (Types ofUses). .0305 Unlisted Uses. Any class of use [ha[ is no[ listed in Tables 22, 23 or 24 is not permitted. Table 22 P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL PURPOSE ZONES C Conditional Use Permit Required N Prohibited OSMP PRMP Special Provisions Residential Classes ofUses Dwellings-Single-Family Detached N N Mobile Home Parks N N Senior Citizen Housing N N Non-Residential Classes of Uses Agricultural Crops N N Alcoholic Beverage Sales-On-Sale N N Ambulance services N N Animal Boarding N N March 28, 2005 III-31 Zoniag & Development Standards. Mountain Park Specific Plan Table 22 (continued) P Permitted by Right '. PRIMARY USES: PUBLIC AND SPECIAL PURPOSE ZONES C Conditional Use Permit Required N Prohibited Antennas-Broadcasting Antennas-Private Transmitting Antennas-Telecommunications Automotive-Public Parking Automotive-Service Stations Automotive-Washing Bed & Breakfastlnns Beekeeping Cemeteries Community & Religious Assembly Convalescent & Rest Homes Convenience Stores OSMP PRMP Special Provisions N N N N N C Subject to § 18.38.060 P P N N N N N N N N N N_ N N N N N P Subject to §18.38.110. Not to exceed 3,000 sq. ft. Dance & Fitness Studios-Small N N Day Care Centers N N Educational Institutions-Business N N Educa[ionalInstitutions-General C C Golf Courses & Country Clubs N N Group Care Facilities N N Helipads N N Hospitals N N Hotels & Motels N N Mortuaries N N Oil Production N N Plana Nurseries C p Public Services N N Recreation-Bowling&Billiards N N Recreation-Commerciallndoor N N Recreation-Commercial Outdoor p p Recreation-Low-Impact p p Recreation -Swimming & Tennis N N Recycling Services-Consumer N N Recycling Services-General N N Restaurants-Drive-Through N N Restaurants-General N P Not to exceed 3,000 sq. fr. '.. Restaurants-Semi-Enclosed N P Restaurants-Walk-Up N P March 28, 2005 III-32 Zoning & Development Standards Mountain Park Specific Pian Table 22 (continued) P Permitted by Right "°" PRIMARY USES: PUBLIC AND SPECIAL PURPOSE ZONES C Conditional Use Permit Required N Prohibited OSMP PRMP Special Provisions Retail Sales-Used Merchandise N N Room & Board N N Self Storage N N Transi[Facilities N N Utilities-Major P P Utilities-Minor P F Veterinary Services N N Table 23 P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required PUBLIC AND SPECIAL-PURPOSE ZONES N Prohibited OSMP PRMP Special Provisions Agricultural Workers Quarters N N Animal Keeping N N Antennas-Dish N P Subject to § 18.38.050 Antennas-Receiving N P Subject to §18.38.050 Bingo Establishments N N Caretaker Units N N Day Care-Large Family N N Day Care-Small Family N N Fences & Walls P P Subject to §18.40.050; this use may occur on a lot without a primary use Home Occupations N N Landscaping & Gardens P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment-Ground Mounted P P Subject to § 18.38.160 Mechanical & Utility Equipment -Roof Mounted N N Parking Lots & Garages C P Parking lots only; garages are prohibited. Petroleum Storage-Incidental N N Portable Food Carts N N Recreation Buildings & Structures P P Signs P P Solar Energy Panels N N Vending Machines N N. March 28, 2005. III-33 Zoning & Development Standards Mountain Park Specific Plan Table 24 P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditionai Use Permit Required PUBLIC AND SPECIAL-PURPOSE ZONES N Prohibited OSMP PRMP Special Provisions Carnivals & Circuses Christmas Tree & Pumpkin Sales Contractor's Office & Storage Real Estate Tract Office Real Estate Tract Signs N N N N C C Subject to§18.38.105 N N N N Special Events C C Subject to §18.38.240 .040. Lot Area.. .0401 SlleArea. The minimum site area for public and special-purpose zones is shown in Table 25. Zone OSMP PRMP Table 25 MINIMUM SITE AREA: PUBLIC AND SPECIAL-PURPOSE ZONES Minimum Site None Required Uses Permitted by Right: None Uses Permitted by Conditional Use Petmit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. .050. Additional Site Requirements. In addition to the provisions of Table 25 the following provisions apply in all public and special-purpose zones. .0501 The size and shape of [he site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of the zone. .0502 Adequate provisions shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or. parking azeas on adjacent sites. .0503 Adequate provisions shall be made for loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and accessways or impact adjacent land uses. .0504 The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .0505 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply. 060 Lot Widtb. The minimum lot width for public and special-purpose zones is shown in Table 26. March 28, 2005 III-34 Zoning & Development Staodards Mountain Park Specific Plan. Table 26 LOT WIDTH: PUBLIC AND SPECIAL-PURPOSE ZONES Zone OSMP PRMP Minimum Lot W idth Uses Permitted by Right: Minimum width required for vehicle access if such access is required Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. Uses Permitted by Right: Minimum width required for vehicle access if such access is required Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. .070 orientation standards. .080 .0801 shown in Table 27. Lot Depth and Orientation. None of the public and special-purpose zones have lot-depth or lot- Structural Heights. Maximum Hetghts. The maximum structural heights for public and special-purpose zones are Table 27 MAXIMUM STRUCTURAL HEIGHT: PUBLIC AND SPECIAL-PURPOSE ZONES Zoue Maximum Structural Height OSMP One half (%:) the distance from the boundary of any residential zone, but not to exceed 25 feet. PRMP 25 feet. .0802 Projections. Projections above the height limit are permitted as se[ forth in Section 18.40.030 in Chapter 18.40 (General Development Standards). .090 Floor Area. No minimum floor area is required for public and special-purpose zones. .110 Lot Coverage. There are no lo[ coverage requirements forpublic and special-purpose zones. .120 Structural Setbacks. .1201 Setbacks. The minimum setbacks for public and special-purpose zones are set forth in Table 28 and shall apply in addition to the setback and yard requirements of Section 18.40.040 (Structural Setbacks and Yards) and the special area setbacks of Section 18.40.050 (Special Area Setbacks) in Chapter 18.40 (General Development Standards). Encroachments into setback areas are se[ forth in Subsection .020 below. March 28,2005 III-35 Zoning & Development5tandards Mountain Park Specific Plan Table 28 ,__ MINIMUM SETBACKS: PUBLIC AND SPECIAL-PURPOSE ZONES Zane Minimum Setbacks OSMP Front 25 feet From any property line, public right-of--way line, recorded private accessway easement, or recorded riding and hiking trails easement. Side 10 fee[; the side setback adjacent to the street on reversed comer lots shall be not less than 50% of the required front setback on the lot to the rear of the comer lot Rear 25 feet PRMP Front 25 fee[ from any property line, publicright-of--way line, recorded private accessway easement, or recorded riding and hiking [rails easement. Side ]0 feet; for interior property lines. Rear 25 feet from any property line, public right-of--way line, recorded private accessway easement, or recorded riding and hiking trails easement. .130 Encroachments. Allowable encroachments into the setback requirements in Table 34 are set forth below. Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall no[ be permitted. .1301 Canopies (fixed) or trellises may encroach into a required setback on a public street no more than three (3) feet. .1302 Cornices, eaves, sills, belt courses, buttresses and fireplaces may encroach into any required setback not more than two (2) feet. .1303 Driveways providing access from adjacent streets or private accessways to parking spaces or loading/unloading areas may encroach into any required street ]andscape and structural setback. .1304 Fences, walls and hedges that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into any required setback. .1305 Flagpoles that comply with the sWctural height requirements of the zone may encroach into any required setback. .1306 Guard railings for safety protection around hazardous areas as required by City codes may encroach into any required setback. .1307 Light fixtures may encroach into any required setback except required setbacks adjacent to residential zones and uses. .1308 Parking spaces (open) and open vehicular accessways may encroach into required structural setback areas, but shall not encroach into minimum required landscape setbacks. .1309 Signs that comply with Section 18.14.130 of this chapter may encroach into any required setback. ..1310 Trees, shrubs, flowers or plants shall be permitted in any required setback. .1311 Walkways leading from parking areas and public sidewalks may encroach into any required landscaped setback, provided the walkway is integrated with [he landscape .140 Parking and Loading. Parking and loading requirements for public and special-purpose zones are set forth in Chapter 1.8.42 (Parking and Loading). Marck 28, 2005 III-36 Zoning & Development Standards Mountain Park Specific Plan .150 Landscaping. Landscaping shall be permitted and/or required in public and special-purpose .- :... _. zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). .160 Fences, Wallsand Hedges. Fences, walls, hedges and berms shall be permitted and/or required in public and special-purpose zones subject to [he conditions and limitations set forth in Subsection 18.46.110 of Chapter 18.46 (Landscaping and Screening). .170 Refuse Storage and Recycling Facilities. Lots containing other than asingle-family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file with the Public Works Department. The storage shall be designed, located and/or screened so as no[ to be readily identifiable or visible from adjacent streets, adjacent residential uses and zones, or other public rights-of--way. Recycling bins also shall be provided. 18.112.110 SIGN REGULATIONS Set forth below are the sign standards for development within the specific plan area. .010 Purpose and Intent The purpose of this section is to establish standards for the uniform regulation of signs throughout the Mountain Park Specific Plan area, while maintaining flexibility for the individual identification needs of each residential neighborhood. .0101 Temporary and permanent signs shall be located on private property, or within the public right- of-way with an approved encroachment permit, in accordance with the standards set forth in Section 18.112.110.030. .0102 Permanent signs shall be limited to the type set forth in Section 18.112.110.040 and shall be reviewed and approved by the Planning Commission in conjunction with the consideration of site plans. .020 Sign Program. A sign program for any development area or group of development areas which establishes alternative and/or additional standards and specifications than set forth herein for temporary and/or permanent signs may be approved by the Planning Commission as a part of a tentative tract map, Site Plan, Development Area Plan, or Conditional Use Permit. The sign program must cover one or more entire development area and include information as to sign copy, size, color, method and intensity of illumination, materials, height, sign area and location of all signs. The Planning Commission may approve the sign programs upon making the following findings: .0201 That the proposed signs are in harmony with and visually. related to other signs included in the planned sign program. This shall be accomplished by incorpom[ing several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. .0202 That the proposed signs are in harmony with and visually related to the buildings they identify. This shall be accomplished by utilizing materials, colors, or design motif included in the building(s) being identified. .0203 That theproposed signs are in harmony with and visually related to surounding development. Approval of a planned sign program shall no[ adversely affect surounding land uses or obscure adjacent conforming signs. .030 Temporary Signs. Temporary information signs may be located on private property or within public rights-of--way with an approved encroachment permit and right-of--way construction permit. Temporary sign locations are subject io the review and approval of the City Traffic and Transportation Manager for line-of--sight considerations and shall conform to the following standards and specifications. Except as otherwise noted, these signs may be displayed in each phase of development shown on Exhibit 14 until build-out of the development area, or five (5) years from the date of issuance of the first building and zoning inspection for a phase whichever occurs first. A time extension to retain the temporary information signs may be submitted for review and approval by the Planning Director. All surfaces and graphics for temporary signs are to be painted or are to utilize vinyl letters in [he colors show on Table 29. March 28, 2005 III-37 Zoning & Development Standards Mountain Park Specific Plan Table 29 _ -.-- - TEMPORARY SIGN COLORS AND TYPE Sign Element Color/Typefnce Top panel background Pantone Matching System (PMS) 548 Rider panels background Pantone Matching System (PMS) 431' - Base Frame background Pantone Matching System (PMS) 422 Side, edge and gap surfaces Pantone Matching System (PMS) 422 Logo on base frame Pantone Matching System (PMS) 185. Information copy lettering White Goudy bold (upper and lower case) Rider headin letterin White Helvetica re ular all ca itals} .0301 Temporary Freeway/Highway Directional Sig~u (Sign Type No. 7) (1) May be placed along freeways, toll roads, off-ramps or along primary arterial highways in order to provide general direction ro Planned Communities within Mountain Pazk and points of major interest or significant regional land use. - (2) Shall be limited to a maximum of four panels, depending upon the number of communities required; signs shall contain four panels for aesthetic balance, even though some panels may be blank. (3) Shall be limited to only one sign sWCture within 7,320 feet pf a major intersection in each direction. (4) May be located on either the right or IeR hand side of the roadway. (5) Maximum number of signs: Six (6) March 28, 2005 III-38 Zoning & Development Standards Mountain Park Specific Plan .0302 Temporary Intersection Directional Signs (Sign Type No. 1J 18 mil (1) May be placed at freeway off-ramps and arterial intersections to provide general directions to Planned Communities within Mountain Park and points of major interest or significant regional land uses within the City of Anaheim.. (2) Shall consist of one to five panels. Each panel shall display the name of a planned community or significant regional land use and a directional arrow only. Each panel maybe double-faced. (3) Maximum number of signs: Two (2) per intersection. (4) Distance between signs: 60 feet. .0303 Temporary /nfersectinn Dtrec[ional Signs (Sign Type No. 3) ig 7~ t<+re ~~~. ®~ iYs E ® ~ ® ~ (1) May be placed along major roadways leading toward individual projects to provide reassurance directions to project locations.. (2) Information is limited to the name of the development and the distance and/or direction information to the project locations. (3) Maximum number of signs: Thirty-five (35) (4) Distance between signs: 100 fee[ March 28, 2005 III-39 Zoning & Development Standards 6'- ®n ItI~X. Mountain Park Specific Plan .0304 TempararyResidenrlalNeighborhooADirecrionalSigrrs(SignTypeNo.4) -- -~--- X (1) May be placed along interior of the project streets to provide directions to specific residential neighborhoods. (2) Shall be placed within or adjacent to boundaries of their respective Development Areas. (3) Shall be limited to a maximum often panels; in addition to a panel for the Planned Community name, depending upon the number of projects requiring identity at that location. Panels shall display the name of a specific residential project and a directional arrow only. Panels may be double- faced if required. (4) Maximum number of signs: Forty (40) (5) Distance between signs: 100 feet .0305 Temporary Future Facility/,Geasing/Sales signs in Residential Development Areas (Sign Type No. S) $~_o,r P118X. O ~ ~ ~ b ~ r ~ N r 16" (I) Servesonly to identify the Future site, project or facility under development in residential development areas. (2) Information is limited to: type or name of development project, builder name, date of opening, phone number, and web site address. (3) Maximum number of signs: One {I) per lot (4) Distance between signs: 500 feet March 28,2005 iII-40 Zoning & DevelopmentStandards 69_ R4er ~~~. Mountain Park Specific Plan .040 Planned Community Entry Signs (Permanent) Permanent entry signs may be located on private property. The design of permanent signs shall be reviewed and approved in conjunction with site plans consistent with the following classifications. .0401 Residential Neighborhood Entry Signs (Sign Type #6). Medium scale monumentation signage providing temporary identification of entry into individual neighborhood or project areas: (1) Nermber and Location - A maximum of two (2) entry monumentation signage locations shall be permitted for each individual project entrance. (2) Mazimum Heightard Area - If provided as an element of the required site screen wall, such signage shall not exceed a vertical height of eight (8) Feet from grade, or a total area of one hundred forty five (]45) square feet. If such signage is provided as free-standing, such signs shall not exceed a vertical height of four (4) fee[ from grade, or a total area of not more than seventy-five (75) square feet. .0402 Major ComnutnityEnlry Signs (Sign Type #7}. Large-scale monumentation signage identifying major entries to the Mountain Pazk Community. Major Community Entry sign locations for the project will be approved by the Planning Commission as a request and recommendation item prior to or concurrent with approval of the first tentative tract map. (I) Number and Location - A maximum of four (4) entry monumentation sign locations along roadways shall be permitted. (2) Maximum Height and Area -Community entry signage shall be provided as an element of the required site screen wall; such sign shall not exceed a vertical height of ten (10) feet from grade, nor a total area of two hundred fifty (250) square feet. .0403 Single Family Cluster Residential, 7nstitutianal and Open Space Entry Signs (Sign Type #8j Low- scalemonument signage to identify entries into the ItM-2400 and Institutional Districts: (1) Number and Location -One (1) such entry sign shall be permitted at each entrance. (2) Maximum Height and Area - If provided as an element of a wall, such signage shall not exceed a vertical height of six (6) fee[ from grade, nor a total area of one hundred twenty (120) square fee[. [f such signage is provided as free-standing, such sign shall not exceed a vertical height of four (4) feet from grade and total area of eighty (80) square fee[. .050 Outdoor Advertising Billboards as defined in Title 18 of the Anaheim Municipal Code are prohibited on any parcel located within the Specific Plan Area. 18.112.120 DEDICATION AND IMPROVEMENTS Dedication of streets, public utility easements and other public works and improvements shall be required in connection with any work pertaining [o the erection, constmc[ion, reconstruction, moving, conversion, alteration or addition to any building or structure within this zone in accordance with the provisions of Section 18.40.060 of the Anaheim Municipal Code. March 28, 2005 III-41 Zoning & Development Standards Mountain Park Specific Plan 18.112.130 DEVELOPMENTREViEWANDPERMITS Prior to commencing any work pertaining to the erection, construction reconstruction, moving, conversion, alteration or addition to any building or structure within this zone, all building and site plans shall be subject to review by the Building Division of the Planning Department of the City and permits shall be secured from the Chief Building Official of the City of Anaheim in compliance with all provisions of Section 18.90.110 (Development Review and Permits), provided further, that where there are existing buildings and s[mctures on a site for which more intensive development is proposed under the provisions of this zone, no building permit shall be issued until the Chief Building Official and the Fire Chief have certified that the existing buildings and sWCtures are safe for occupancy and for human habitation. 18.112.140 PENALTIES FOR VIOLATIONS Any violation of the provisions of this chapter shall be subject to penalties as prescribed in Section 18:90.120 of the Anaheim Municipal Code. 18.112.150 AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES Boundaries of the zones established by this title, the classification of property uses therein, or other provisions of this title may be amended, exceptions made therefrom, or conditional uses permitted in accordance with the facts, conditions, procedures and required showings specified in Chapter 18.60 (Procedures) -and Chapter 18.72 (Specific Plans) of the Anaheim Municipal Code. 18.112.160 RECLASSIFICTION PROCEDURE-VIOLATION '. Concurrent with or subsequent to introduction of an ordinance amending this Chapter ofte the Anaheim Municipal Code, the City Council may introduce an ordinance to reclassify the property covered by Specific Plan No. and this '.. Chapter to the zoning designation SP No. .Such reclassification shall be subject to each of those certain conditions of approval of SP No. as set forth in Ordinance No. Anyviolatiort of any of said conditions shall be deemed a violation of this Chapter as well as of the reclassification ordinance andshall be punisfiable as set forth in Section 1.01.370 of the Anaheim Municipal Code. March 28, 2005 III-42 Zoning & Development Standards I)et i niGons 1$.112.030 (Lot, Reversed Building Frontage) ~-f ___I _~ Rj ,' I' i i I A~tin. Side Sctlrack ~~ ~ ~ ~'/~ //. f~-, ~1in. Ruar Setback. ~- ~~ Min. S4tet -~ Main Strut Side Setback Drivc~eay -Min. Garage Setback Min. Front Setback CORNER LOT W[TH REVERSED BUILDING FRONTAGE Ikfini~inns lS.112.030 (Setback, Street Side) Min. Rear Setback Min. Garase Ivtin. Side Setback Min. Front Setback Driveway Curb <- Driveway Option Min. Street Side Setback CORNER LOT WITH STREET SIDE SETBACK Main Street 18.112.080.120 (Fences, Walls, and Hedges) ~ Fence or Wall ~ Height Varies o' 0 .., III-II I-IIII- IIII Retaining Wall . ~ ~_~-_~~ Height Varies ~~Inl llllllllll I~IIIII~IU~~- Section ~ s m` ~ ~ a Maximum 10'-0' High Combined Fence, Wall, Retaining Wall Y m ~ Maximum 3'-0° o ~ High Retaining Wall ~ "v ~ LL rn Driveway 5'-0° Sidewalk Private Street Plan