5993ORDINANCE NO. 5993
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(AMENDMENT NO. 1 TO THE MOUNTAIN PARK SPECIFIC
PLAN NO. 90-4)
WHEREAS, on August 27, 1991, the City Council, at a duly noticed public hearing,
adopted Resolution Nos. 91 R-263 and 91 R-264 approving and adopting 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
WHEREAS, thereafter, on September 10, 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; and
WHEREAS, the City did receive verified petitions for General Plan Amendment No.
2005-00436, Amendment No. 1 to the Mountain Park Specific Plan No. 90-4, and an amendment
to the Zoning and Development Standards set forth in Chapter 18.112 of the Anaheim Municipal
Code (formerly, Chapter 18.76); and
WHEREAS, the City Council of the City of Anaheim has approved and adopted
Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 (SPN2005-00031) and has
determined that a change or changes in the zone or zones hereinafter mentioned and described should
be made as hereinafter set forth to conform to the development standards established in said specific
plan, as amended; and
WHEREAS, the City Council has adopted an ordinance amending the Anaheim
Municipal Code to establish the zoning and development standards for Specific Plan 90-4, as
amended, designated as Chapter 18.112, Mountain Park Specific Plan No. 90-4 (SP 90-4).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAINS AS FOLLOWS:
SECTION 1.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended by rezoning and reclassifying that certain real property situated in the
City of Anaheim, County of Orange, State of California, as more particularly described in Planning
Commission Resolution No. PC2005-115 and incorporated herein by this reference, into the SP 90-4
(Mountain Park Specific Plan No. 90-4) Zone, as amended, subject to the following conditions:
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 final parcel or tract map are conditions of said maps required to implement the Specific
Plan and are not necessarily based upon 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 otherwise 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 any 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 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 on the part of the City, its agents, officers, council members, employees, boards,
commissions and their members and the City Council. The property owner/developer shall have the
right to select legal counsel. The City shall have the right to approve, which approval will not be
unreasonably withheld, the legal counsel providing the City's defense, and the applicant shall
reimburse the City for any costs and expenses reasonably incurred by the City in the course of the
defense. 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 provide a letter to the City satisfactory to the City
Attorney's Office memorializing the foregoing.
3. On an annual basis commencing the first January following the effective date
of the Ordinance adopting Amendment No. l to the Mountain Park Specific Plan, 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.
4. That the Specific Plan shall be implemented through the processing of Area
Development Plans, or large -lot tract or parcel maps, followed by, or concurrent with, the processing
of builder tentative tracts or parcel maps subject to the following:
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(a) The large -lot tract or parcel map shall contain a note to the effect that the map
is being filed for conveyance purposes only; no building permits,_except for 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 in 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, a right-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.
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PLANNING
5. That in conjunction with the submittal of each large -lot or builder tentative
tract or parcel map, grading plan, or Site Plan, the property owner/developer shall submit
documentation which demonstrates that the 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 tract or 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
Development 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 be 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 other public 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-of-way. Plans shall show that all block walls facing a right-of-way
will be planted and maintained with clinging vines and/or shrubs to eliminate graffiti opportunities,
except where said walls are 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
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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 be 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/developer shall install required fencing together with clinging
vines and/or shrubs as identified on fencing and wall plans approved by the Planning Commission
in connection with the Site Plan, tentative tract or parcel map.
CONVENIENCE MARKET
14. That prior to the final building and zoning inspection for the 421 st 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 with the 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
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following the 1,250th 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 0 2) feet. All lighting fixtures shall be shielded to direct lighting
away from adjacent land uses, including the adjacent fire station. All lighting fixture types and
locations shall be identified on 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 all 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.
ENGINEERING/SUBDIVISION
17. That the following street design elements shall be shown on all large -lot or
builder tentative tract and parcel maps:
(a) Street cross sections, 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 shall be 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 on all large -lot or builder
tentative tract and parcel maps:
(a) Pad elevations.
(b) Spot elevations along top and toe of all slopes.
(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 CATV facility retaining walls.
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(e) A statement regarding whether the Questar (Southern Trails) Pipeline is
currently within the proposed tract boundary or will be relocated within the tract boundary pursuant
to the requirements set forth in MM 10-2 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 and pad sizes of all lots.
19. That prior to approval of a large -lot or builder final tract or parcel map,
vehicular access 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)
I . Private street maintenance.
2. Private Slope landscaping and irrigation maintenance.
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.
maintenance.
5. On-site and off-site open or natural channel storm drain facilities
b. 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 that it is removed, damaged; diseased
and/or dead.
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10. Private storm drain maintenance.
]L 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 and 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 lot/parcel 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 1,250th 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 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 Development 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
property owner shall 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 tract or parcel map for Development
Areas 3 or 7, the property owner/developer shall submit improvement plans and an application for
abandonment of street right-of-way for consideration by the City Council, for Oak Canyon Drive,
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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 of the Director of Public Works.
Upon completion of improvements and prior to the first final building or 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 Attorney'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 boundary, 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 all 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 may adversely 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 proposed 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.
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STREET MAINTENANCE/SOLID WASTE
35. That prior to recordation of final 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 Plan. Upon occupancy
of the project, implementation of said plans shall commence and shall remain in 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 on 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 street right-of-way and outside of
the front setback. Storage areas shall not encroach into the minimum l 0' X 20' dimension of covered
parking stalls. Such information shall be specifically shown on the plans submitted to the Planning
Commission 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 turn -around areas are provided per Engineering Standard Details. Said turn?around areas shall
he specifically shown on plans 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 tract or parcel map boundaries for review and
approval by the City Engineer. The sewer system for the project shall be funded, constructed and
maintained in accordance with the requirements of the Department of Public Works.
40. That the property owner/developer shall be financially responsible for the
following sanitary sewer -related items:
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(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.
(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 tract or 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 tract or
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 final tract or parcel map,
whichever occurs first, the owner/developer shall bond for the construction of the required water
system improvements for the tract or parcel map. Bonds associated with major water facilities such
as 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 distribution 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:
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80% of the associated bond amount upon acceptance and conveyance of the 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 Engineering 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 to 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 for existing commercial or residential developments along the Santa Ana
Canyon Road west of Gypsum Canyon Road requiring 'cutover' service, 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.
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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
he at the expense of the property owner/developer.
53. That in conjunction with the recordation of large -lot or builder final tract or
parcel maps, whichever occurs first, the property owner/developer 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 on 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.
PARK AND TRAILS/TRAIL STAGING AREA
55. That prior to or concurrent with recordation of 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 to the Community Services Department for final review and approval. The property
owner/developer shall construct and irrevocably offer 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 tract or parcel map,
whichever occurs first, bonds shall be posted for trail improvements as part of in -tract improvements.
14
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 owner/developer's responsibility for all 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.
(c) Approval of all project materials and products used in constructing the park
and the right of inspection by City staff at property owner/developer's cost.
61. That prior to the final building and zoning inspection for the 421 st dwelling
unit on the east side of SR -241 and prior to or concurrent with Planning Commission approval of
the Site Plan for Development Area 6, the property owner/developer shall submit the Site Plan for
a Trail Staging Area/Interpretive Center in Development Area 6, including vehicular circulation, site
amenities, interpretive signage, etc, to the Community Services Department for review and approval.
Prior to the first final building and zoning inspection for any dwelling unit following the 1,250th
dwelling unit, the property owner/developer shall construct and irrevocably offer to dedicate the Trail
Staging Area/Interpretive 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 trail obligations of the property
owner/developer shall be secured by performance 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 approved park concept plan and in consultation with the Community
15
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 of 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 Department and 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 first large -lot or 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 the 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
16
landscaped buffer area along the boundaries of the site abutting any roadway. Plans for said
landscaped areas shall be reviewed and approved by the Planning Director or 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 and implementation of the required hydrant system network shall
be obtained from the 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, unobstructed fire truck turn -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 turn -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 on the construction site.
Every building constructed must be accessible to Fire Department apparatus. The width and radius
of the driving surface must meet the requirements of Section 10.207(a) of the Uniform Fire Code as
adopted by the City of Anaheim.
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 or parcel map, whichever occurs first, the property owner/developer shall
establish a mechanism, acceptable to the City of Anaheim, to provide on-going monitoring and
transmittal to the City of Anaheim of information concerning fiscal impact of all developments
17
within Mountain Park; provided, however, that the subsequent on-going fiscal monitoring may
consist of a letter, subject to the City's approval, if there are no changes proposed 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 tract or 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 August 8, 2005, on a year by year basis recognizing cumulative
surpluses and/or deficits and to provide monitoring and flexibility to fund any additional future
shortfall should assumptions in the fiscal impact report prove incorrect. 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
? 1081.6 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 otherwise 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 property
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 builder tentative tract or 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.
18
84. That within thirty (30) days of the City Council's action, the property
owner/developer shall provide the Planning Department with three copies of an amended 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.
86. Prior to commencement of grading activities in Development Areas 3 and 7,
the property owner/developer shall install a two -foot high silt fence between Weir Canyon Road and
Oak Canyon Drive and along Blue Sky Way to the southwestern property boundary. The fencing
shall provide vector control for adjacent residential properties along the western edge of the project
site. 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.
SECTION 2.
That this ordinance shall not become effective unless and until Resolution No. 2005-
177 relating to Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 is approved and
adopted by the City Council of the City of Anaheim.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
J
ORDINANCE NO. 5993
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE ZONING MAP REFERRED TO IN TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
(AMENDMENT NO. 1 TO THE MOUNTAIN PARK SPECIFIC
PLAN NO. 90-4)
WHEREAS, on August 27, 1991, the City Council, at a duly noticed public hearing,
adopted Resolution Nos. 91 R-263 and 91 R-264 approving and adopting 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
WHEREAS, thereafter, on September 10, 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; and
WHEREAS, the City did receive verified petitions for General Plan Amendment No.
2005-(0436, Amendment No. 1 to the Mountain Park Specific Plan No. 90-4, and an amendment
to the Zoning and Development Standards set forth in Chapter 18.112 of the Anaheim Municipal
Code (formerly, Chapter 18.76); and
WHEREAS, the City Council of the City of Anaheim has approved and adopted
Amendment No. l to the Mountain Park Specific Plan No. 90-4 (SPN2005-00031) and has
determined that a change or changes in the zone or zones hereinafter mentioned and described should
be made as hereinafter set forth to conform to the development standards established in said specific
plan, as amended; and
WHEREAS, the City Council has adopted an ordinance amending the Anaheim
Municipal Code to establish the zoning and development standards for Specific Plan 90-4, ac
emended, designated as Chapter 18.112, Mountain Park Specific Plan No. 90-4 (SP 90-4).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAINS AS FOLLOWS:
SECTION 1.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and
the same is hereby, amended by rezoning and reclassifying that certain real property situated in the
City of Anaheim, County of Orange, State of California, as more particularly described in Planning
Commission Resolution No. PC2005-115 and incorporated herein by this reference, into the SP 90-4
( Mountain Park Specific Plan No. 90-4) Zone, as amended, subject to the following conditions:
SECTION 5. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 13thday of September , 2005, and thereafter
passed and adopted at a regular meeting of said City Council held on the 27th day of September
, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(7- -11-PAtlY
CIYY CLERI OF HE CITY OF ANAHEIM
5 8988 . v2/mgordon/08.3 l .05
20
CITY OF AHEIM
By
MAYOR OF THE Y F ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
1 am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 6, 2005
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 6, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
i
1
r�
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
PAGE 36 ANAHEIM BULLETIN THE ORANGE COUNiY REGISTER Thursday, October 06, 2005
ORDINANCE NO. 5993
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATINC, TO ZONING IAMENDMEN' `,0. 1 r0 THE Nit 11 INTAIN PARM SPECIFn. ai n ; Nit)
90-4)
WHEREAS, on August 27, 1991, the City Council, at a duly noticed public hearing, adopted Resolution Nos. 91R 263 and 91R 264 approving and adopting the Mountain Park Speafic P -in No. 90 4 (incle;cing a P:,blic c acilities r',an a!d 7c,mrq
a - d 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 aur'
WHEREAS, thereafter, on September 10, 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 Toning and development sta.,d
ards for the specific plan; and
WHEREAS, the City did receive verified petitions for General Plan Amendment No. 2005-00436, Amendment No. 1 to the Mountain Park Specific Pian No. 90-4, and an amendment to 1h: Zoning and Devi, opm,ens Standards set forth �n Chapt,r
18.112 of the Anaheim Municipal Code (formerly, Chapter 18.76); and
WHEREAS, the City Council of the City of Anaheim has approved and adopted Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 (SPN2005-00031 i and has determined that a change or cringes in the zone or zones here,al
mentioned and described should be made as hereinafter set forth to conform to the development standards established in said specific plan, as amended, and
WHEREAS, the City Council has adopted an ordinance amending the Anaheim Municipal Code to establish the zoning and development standards for Speafic Plan 90-4, as amendt-c!. designated as Ohapter 18.11.. k1ountair Par', SpeLii
Plan No. 90 4 (SP 90 4).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAINS AS FOLLOWS.
SECTION 1.
That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying that certain real property situated in the pity of Anaheim, Gounty of Orange, State of California. a..
more particularly described in Planning Commission Resolution No. PC2005-115 and incorporated herein by this reference, into the SP 90-4 (Mountain Park Specific Plan No. 90 4) Zone, as amended, subject to the following conditions:
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 unsubordinatec covenantin a form acceptable to •rt.
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 final par
cel or tract map are conditions of said maps required to implement the Specific Plan and are not necessarily based upon the content of said first map. The covenant shall further provide that the property owner/developer shall waive any objectict.
to imposition of said conditions upon the first large -lot or builder tentative or final parcel or tract map which may otherwise be asserted based upon permitted conditions, exactions and feet set forth in the Subdiv,sior Map Act. The covenant shale
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, employeesboards, commissions a,:' their members and tr e Cay Carol trort any :,air:, i,_
-
tion or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any env'ronmental open
meets 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 ler -s or expert witnesr: fees that may be aw ,ded to the pre-
vailing party, and costs 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 l there is concurrent. of passive negligence on the part of
the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council The property owner/developer shall have the right to select legal ,ounsel. The City shall have the right to approve, wh,ch
approval wilt not be unreasonably withheld, the legal counsel providing the City's defense, and the applicant shall reimburse the City for any costs and expenses reasonably incurred b, the City in the course of the defense. No later than 3C,
(thirty) days following the City Council's adoption of the Ordinance approving Specific Plan Amendment SPN 2005-00031 relating to the Mountain Park Specific Plar,. Amendment No. '. the '-=gal property ow, er sh:al! p•ovide a letter -o the; City saris-
factory to the City Attorney's Office memorializing the foregoing.
3. On an annual basis commencing the first January following the effective date of the Ordinance adopting Amendment No. 1 to the Mo❑ntairi Park Spel i>;a, i, and every January the .after, the proper,,, �w er;per shall prow tie a , ,it
dated phasing plan to the Planning Services Division of the Planning Department until project build out.
4. That the Specific Plan shall be implemented through the processing of Area Development Plans, or large -lot tract or parcel maps, followed by or concurrent with, the processing of Murder tentative tl or pari gel maps sull to the tellaw
ng
(a) The large -lot tract or parcel map shall contain a note to the effect that the map is being filed for conveyance purposes only; no building permits, except for public facilities, are to be. ,ssued for the lora or parcc'•.s c :aced by the map, the re
cording of a subsequent builder map is required before building permits can be issued; and an unsubordinated covenant in a form approved by the City Attorney shall be recorded against the entire site ref'ecliiig same and submitted to the De-
partment 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 sins listed below anti dentifiec; ,n Tiese concitions of apprc
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 Gen oral Plan Amend net , tj _, i , : not o.. urn --.. a ngl,,,
of -way reservation maybe 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 Mase, Plan, pursuant to PDF 10-2 of Mitigating Monitoring Prog
4. A Trail Staging Area.
5. Water Reservoir sites.
PLANNING
5. That in conjunction with the submittal of each large -lot or builder tentative tract or parcel map, grading plan. or Site Plan, the property owrie,/developer shat submit documentation .which centrales it -., .)pr e: _ •ori a: d-
ance 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 tract or parcel maps, the following information 7,'or plans s^alp. be submitted to the P!-ening Departmet i for ' ar: r w
approval:
(a) Location map - drawn to the same scale as the Mountain Park Specific Plan Development Plan and relating the Site Plan, tentative tract or parcel reap to the overall Mountain Park pi)ject.
(b) Topographic map.
(c) Landscaping plans - indicating the extent and type of proposed landscaping and including any existing vegetation that will be retained. The property owner/developer shall submit documentation trat con]im is tF .r ceve'or ne ::r. -,c :n
formance with the Landscape Concept Plan (Exhibit BA 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 other public acc,,,sway<_ for vehiciflar circulation, off-streel parking, and veh,r,dar sto -iqc
(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 fur fences wall- at such citcns show
ing the relationship between the fences/walls and the public right-of-way. Plans shall show that all block walls facing a right-of-way will be planter] and maintained with clinging vines and: -r shrubs to eliminate graffi'+ ofiirtun,Ge exrspt where
saidwalls are 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 ownerideveio, er shall provide temporary sign, ider''•r . rsed
ture 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 ecuipi c'ee ,nr, ,including view 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 fontprint for each Proposes i un,;.. :rnvoea
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 be submitted to the Police Department for review and recommendation. incorporating defensible space concepts and safety features (i.e , access, visibility, sury i!lance ti: c.
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 rss,dc-^tial a>e, mc4siding,
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 1300) reet of the boundanes o` the
sybject 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 ownerldeveloper shall provide each buyer with this written infcrrr.aro❑
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 Departl l' show:riq trat.
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/developer shall install required fencing together with clinging vines and/or shrubs as identified on fencing and wail pian, <.p
proved by the Planning Commission in connection with the Site Plan, tentative 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 sgrare-foot convenience market u•: Oevelcp
ment 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 with the 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 1,250th dwelling unit, the property owner/developer shall construct the convenience market. -
15. Prior to the approval of the Site Plan for Development Area 6 (Frail Staging Area and Convenience Market), plans shall depict the location and configuration of all lightingg fixtures including ground -mounted lighting fixtures utliizee 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. Afl lighting fixtures shall be shielded to direct lighting away from adja-
cent land uses, including the adjacent fire station. All lighting fixture types and locations shall be identified on 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 all elevations of commercial buildings are ,irchitecfurally accented to .portray a tirishrd loo": i'lans.
shall also show that all building colors, textures, and materials shall be compatible with the proposed architectural themes of the adjacent residential communities.
ENGINEERUMSUBDI V ISION
17. That the following street design elements shall be shown on all large -lot or builder tentative tract and parcel maps.
(a) Street cross sections, including dimensions, labels, circulation designation (i.e. Hillside, Primary, Hillside, Secondary, Modified Hillside Colle-.aor 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 approve slr.all be ::ocu-entecil ir,
t7P tentative tractor parcel mapstaff report.
Reds.corn THE ORANGE COUNTY REGISTER Thursday, October 06, 2005
(c) Horizontal alignment, including centerline radii, and cul-de-sac radii.
18. That the following grading elements shall be shown on all large -lot or builder tentative tract and parcel maps:
(a) Pad elevations.
(b) Spot elevations along top and toe of all slopes.
(c) Slope setbacks, in conformance with Chapter 17 of the Anaheim Municipal Code.
ANAHEIMBUU"N PAGE 37
(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 currently 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. H 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 and pad sizes of all lots.
19. That prior to approval of a large -lot or builder final tract or parcel map, vehicular access 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 maintenance.
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 that it 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 throw h 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 and the City Attorney's Office. The ap-
proved 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 proi
owner/developer prior to the sale of the first residential unit or commercial lot/parcel 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 cuddling and zoning inspection for any dwelling unit following the 1,250th 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 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 Development 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 improve.
ments, 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 conform-
ance 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 Attorneys 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 cacmcurrently with each final tract or par-
cel 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 de
termined 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 Departmery 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 °obllc
Works for review and approval.
27. 1"hat 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 purpcsea for Jr.uuh
lic streets on the final map.
28. That prior to approval of each final tract map or final parcel map, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim easements, for public utility purposes and emergency purposes, inJuci ingress and
egress rights for maintenance purposes, for all private streets on the final map.
29. That prior to approval of the first final tract or parcel map for Development Areas 3 or 7, the property owner/developer shall submit improvement plans and an application for abandonment 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 of the Director of Public Works. Upon completion of improvements and orior to the first final building or 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 Attorney'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 boundary, temporary street name signs for all public and private streets shall be installed it permanent street name signs have no' 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 ownerldeveloper'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 all costs associated with such acgwss
tion proceedings. Such costs shall qualify towards the property owner/developer's "fair share" contnbution.
32. That gates shall not be installed across any driveway or private street in a manner that may adversely 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 proposed at the intersection of Gypsum Canyon Road and Mountain Park Drive, said round -about shall be designed to the satisfaction of the Cit,
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 MAINTENANOWSOLID WASTE
35. That prior to recordation of final tract orarcel mapp 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 collet
-
tion 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 Plan. Upon occupancy of the project, implementa-
tion of said plans shall commence and shall remain in full effect as required by the Streets and Sanitation Division of the Department of Public Works.
37. That trash storage areas tar 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
on 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 street right-of-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 Commission for Ske 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 submitted for building per-
mits. 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 tract or parcel
map boundaries for review and approval by the City Engineer. The sewer system for the project shall be funded, constructed and maintained in accordance with the requirements of the Department of Public Works.
40. That the property owner/developer shall be financially responsible for the following sanitary sewer -related items:
PAGE 38 _ ANAHEIM BULLETIN THE ORANGE COUNTY REGISTER Thursday, October 06, 2005
j (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 oft-ublic 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.
(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 storege reservoirs and pump stations. Prior to the approval of the first large -lot or builder tentative tract or parcel map, whichever occu,
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 tract or 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 suple v
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 tract or parcel maps, whichever occurs first, the property ownerldeveloper shall dedicate to the City the land and easements required for implementation of the water Sys
tem to support that map. The reservoir sites shall be dedicated with the final maps, or when required by the City.
46. That prior to apFroval of each large -lot or builder final tract or parcel map, whichever occurs first, the owner/developer shall bond for the construction of the required water system improvements for the tract or parcel reap. Bonds assocat
ed with major water faci ities such as 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 distribution 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 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 Engineering Section of the Public. Utilih
ies 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 to the satisfaction of the Water E"-
gineering 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 aoproval by the Water Engineer-
ing 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 nto an agreement with Anaheim public Utilities for o•.
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, respo,
sibilities, 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 f.� :
operation of streets.
50. That for construction phasing and scheduling, the property owner/developer shall have the responsibility to coordinate alllong range construction schedules with the Utilities Department, Electrica� I ngoreering D ,son. 'he pcopec
owner/developer shall keep the Electrical Engineering Division apprised of construction phasing, scheduling and proposed infrastructure improvements to assure that electrical service is availahle to meet the property owner/developer's schedule
51. That for existing commercial or residential developments along the Santa Ana Canyon Road west of Gypsum Canyon Road requiring 'cutover service, the property owner/developer shall install and provide for seN,,e from theproposes.
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 f x 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 reimbursemem agi eer,ent ,,r benefit district to in
clude 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 owner/developer.
53. That in conjunction with the recordation of large -lot or builder final tract or parcel maps, whichever occurs first, the property owner/developer shall dedicate to the City the land and easements required fol' 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 mapsor when .required by the City. The
property owner/developer shall work with the Utilities and Planning Departments on 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 n amlunctio, vvrth the oianned im
provements along this section of roadway. The conversion of the 1600 -toot long portion of Southern California Edison lines from an overhead to underground system shall be at no cost to the t'ity of Anaheim.
PARK AND TRAILSITRAIL STAGING AREA
55. Thatprior to or concurrent with recordation of the first final large -lot tract or parcel map whichever occurs first, for either Development Area 3 or 7, the property owner.ldeveloper shall c amply with the Cit} s k irk :eii :n . crd.' ante IC tt:F
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 budder tentative tract or parcel map, whichever occurs `i-st, equestri-
an 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,. which-
ever 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 to the Community Services Department for final review and
approval. The property owner/developer shall construct and irrevocably offer to dedicate the public trails (including trail access points, signage, furnishings and other related features) in accordance with Specific I'lar City and/or Countv stand-
ards. Prior to approval of the final large -lot or builder tract or parcel 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 par'.site criteria), and will ,)e >able rt to Community Serv-
ices 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 owner/developer's responsibility for all park development shall also include all utility connections, fees, permits and charges, all consultant and project inspection lists and any dccente i costs reaafing to 'tie develop-
ment 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
(c) Approval of all project materials and products used in constructing the park and the right of inspection by City staff at property owner/developer's cost.
61. That prior to the final building and zoning inspection for the 421st dwelling unit on the east side of SR -241 and prior to or concurrent with Planning Commission approval of the Site Plan for Devei,opmeni Area 6, me properly'
owner/developer shall submit the Site Plan for a Trail Staging AreaffInterpretive Center in Development Area 6, including vehicular circulation, site amenities,'
nterpretive signage, etc, to the Community Services Department for review and approval'.
Prior to the first final building and zoning inspection for any dwelling unit following the 1,250th dwelling unit, the property owner/developer shall constructand irrevocably offer to dedicate the Trail Staging Area/Interpretive 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 .taging area is accepted by the 11ity, a Tito Repot 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 iarge-iot or builder final tract or parcel maps, whichever occurs first, where the facilities are located, the park and trail obligations of the property owner/developer shall be sesurec by perfe Hance i �nd� getters
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 approved park concept plan and in consultation with the Community Services Department (including ouilr ing k n ; .:e id c spin:.1;
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 ?ffice ar,cl Con murri
ty 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. 89191-235 adopting the Public Library Facilities Plan for the East Santa Ana Canyon area, as may hereinafter 'lie amended, the property ownerideveloper will participate ..n the fur.dine + the a) n ,o ,,f
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 of a tr.idding permit where no subd:visor, is InvobreC
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 small enter into an agreement with the Libra'y Department agn-einy tc pay e -or a r x um 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 p,of of the Library Agreement shall be f,rn ht .
Planning and Community Services Departments and shall be subject to the approval by the Library Section of the Community Services Department and 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 o' issuance of builid g prrmlts
SCHOOLS
68. That prior to the approval of the first large -lot or builder tentative tract or parcel map, whichever occurs first, in each phase, the property owner/developer shall provide the Planning Department with adequate pioof that rhe p-pemi
•vner/developer has complied with the provisions of the Memorandum of Understanding dated December 16, 20D4, between the Irvine Community Development Company. LLC and the Orange Unified School District or ar•v subsequent agree
ment 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 sush 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. Flans for said landscaped areas shall
be reviewed and approved by the Planning Director or 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 ini and ogres
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 and iinplementatio:- of
required hydrant system network shall be obtained from the 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, unobstructed fire truck turn -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 turn -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 on the construction site. Every building constructed mus be ac( sssible to Fire Depan-
ment apparatus. The width and radius of the driving surface must meet the requirements of Section 10.207(a) of the Uniform Fire Code as adopted by the City of Anaheim.
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.
THE ORANGE cowr f REGISTER Thursday, October 06>, 2005 ANAMEW BULLEnN PAGE 391
77. That prior to approval of the first large -lot tentative tract or parcel map or first builder tentative tract or Parcel map, whichever occurs first, the property ownerldeveloper shall establish a mechanism, aoueptable to the City of Anaheim, to
'de on-yoing mortitonng and transmtitaI to the City of Anaheim of information concerning fiscal impact of all developments within Mountain Park; provided, however, that the subsequent on-going fiscal morrMoring may consist of a letter, sub -
to the City's approval, iF there are no changes pproposed 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 them me changes, detailed documenta-
n 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 tract or parcel map, whichever occurs first, the property owner/developer shall form a community facHities d2Uifrtct or other appropriate public fi
narking 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 August 8, 2005, on a year lou y,besis �wpmnng cumulative Bur-
sas and/or deficits and lo provide monitoring and flexibility to fund any additional future shortfall should assumptions in the fisted impact report prove incorrect. The cost to establish the me�tanisda shelf be borne by the property
er/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.
RtUPCB LANsous
80. That the property owner/developer shall be held -responsible for complying with Mittgation 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 end reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Rfport No. 331 that have been incor-
porated 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 oth-
erwise set forth in the condition.
°.,2. That all Special Maintenance Districts or other financial mechanisms referenced in previous conditions shall be established at the expense of the property owner/developer.
83. That the property owner/developer shatihoordirsate with telephone cernper , eervinq the area to ensure timely construction and placement of necessary telephone facilities. Prior to the approval of each large -lot or builder tentative tract or
parcel map, whichever occurs first, the property owner/developer shall provide picot to the planning Department in the form of a letter from the telephone company, that said coordination has occurred.
134. That within thirty (30 days of the City Council's action, the property owner/developer shall provide the Planning Department with three copies of an amended Speeific Plan document reflective of the City Council's action. Upon. review
and approval of the ame documents by the Planning Department, tw (20) hard copies and thirty (30) compact discs of the final document shall be provided by the property owner!developer4o-thePlarAWG QlQprt ant.
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.
86. Prior to commencement of grading activities in Development Areas 3 and 7, the property owner/developer shall install a two -foot high slftt fence between Weir Canyon Road and Oak Canyon Drive and along hue Sky Way to the southwest-
ern property boundaProd. The fencing shall provide vector control for adjacent residential properties along the western edge of the project site. Proof installation (later from the property owner/developer and holographs of the fence) shall be
submitted to and verified by the Public Works Department.
SECTION 2.
That this ordinance shall not become effective unless and until. Resolution No. 2005-177 relating to Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 is approved and adopted by the City Council of the City of Anaheim.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word .of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would
have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this C* shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed
as a waiver of any license or penalty or the panel provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION S. PENALTY
Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim
Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13th dayofSeptember, 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the
27th day of September, 2005, by the following roll call vote:
0 AYES: Mayor Pringle, Council Members Sidhu,,Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
/siSheryll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin October 6, 2005 25-719 6829495
CITY OF ANAHEIM
By is/Mayor Curt Pringle
MAYOR OF THE CITY OF ANAHEIM