91-264 RESOLUTION NO. 91R-264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING ZONING AND DEVELOPMENT
STANDARDS FOR SPECIFIC PLAN NO. 90-4 (MOUNTAIN
PARK)
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, the Anaheim City Planning Commission did receive a
request from the Irvine Company for approval of the Mountain Park
Specific Plan No. 90-4 (including a Public Facilities Plan and
Zoning and Development Standards), to serve as pre-annexation
zoning and subsequently regulate the development of the site; and
WHEREAS, the Mountain Park Specific Plan No. 90-4 is
proposed on property consisting of approximately 3,179 acres in
Gypsum Canyon, which is unincorporated land located within the
County of Orange in the City of Anaheim's sphere-of-influence and
is generally bordered on the north by the Riverside Freeway (SR-91)
and the Gypsum Canyon Road interchange, on the west by The Summit
of Anaheim Hills and Sycamore Canyon developments in the City of
Anaheim, on the south by unincorporated property within the County
of Orange in the City of Orange's sphere-of-influence, and on the
east by unincorporated property within the City of Anaheim's
sphere-of-influence (the proposed Cypress Canyon Specific Plan
development). The legal description of subject property is
contained in City Council Resolution No. %lR-~, in which the City
Council adopted Specific Plan No. 9011-4, including conditions; and
WHEREAS, the Anaheim city Planning Commission did hold a
public hearing upon said application, notices of which public
hearing were duly given as required by law; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC91-93 recommending the
adoption of Specific Plan No. 90-4, and Resolution No. PC91-94
recommending approval of the zoning and development standards
contained in Specific Plan 90-4; and
WHEREAS, thereafter, within the time prescribed by law,
the City Council caused the review of said Planning Commission
action at a duly noticed public hearing; and
WHEREAS, the City Council, after careful consideration of
the recommendations of the City Planning Commission and all
evidence and reports offered at said hearing concerning the zoning
and development standards, does hereby find:
1. That the property proposed for the Specific Plan has
unique site characteristics such as topography, location
or surroundings which are enhanced by special land use
and development standards.
2. That the Specific Plan is consistent with the goals
and policies of the General Plan as proposed for
amendment pursuant to General PlanAmendment No. 318 and
with the purposes, standards and land use guidelines
contained therein.
3. That the Specific Plan results in development of
desirable character which will be compatible with
existing and proposed development in the surrounding
neighborhood.
4. That the Specific Plan contributes to a balance of
land uses.
5. That the Specific Plan respects environmental and
aesthetic resources consistent with economic realities.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning Commission
and all evidence and reports offered at said public hearing before
the City Council regarding said specific plan, that all of the
conditions set forth in Section 18.93.040 of the Anaheim Municipal
Code as they apply to the zoning and development standards are
present; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, the City Council, in their approval of
Specific Plan No. 90-4 (Resolution No: ~iR- ),.did f~nd that FEIR
No. 302 with the Statement of Overriding ~-6nslderatlons and the
corresponding Mitigation Monitoring Program, certified July 23,
1991, addressed the environmental impacts and mitigation measures
associated with the Mountain Park Specific Plan No. 90-4, and that
FEIR No. 302 is adequate to serve as the environmental
documentation for Specific Plan No. 90-4.
BE IT RESOLVED that the approval of, and exercise of any
rights under, the Specific Plan Zoning and Development Standards
ordinance as hereinafter adopted shall be subject to the following
conditions:
(Conditions marked with an asterisk are required by
established laws, codes, regulations and agreements and are not
subject to negotiation. Conditions that are in italics have been
identified as mitigation measures for FEIR No. 302 and numbers in
parenthesis represent mitigation measures which must be complied
with in connection with and in accordance with the timing of the
condition which they follow. As such, all mitigation measures are
included as part of the mitigation monitoring program for this
project, as required by Section 21081.6 of the Public Resources
Code.)
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GENERAL
1. That within thirty (30) days of annexation of the project area
to the City of Anaheim, the property owner/developer shall
record an unsubordinated covenant 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 tied to
said maps for purposes of carrying out completion of the
purposes of the Specific Plan and are not necessarily based
upon the content of said first map. The covenant shall
further provide that the property owner/developer shall waive
for itself, its successors and assigns, 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.
2. [Deleted]
3. On an annual basis commencing upon the date of annexation to
the City of Anaheim and every January thereafter, the property
owner/developer shall provide an updated phasing plan to the
Zoning Division of the Planning Department until project
buildout.
4. That the Specific Plan shall be implemented through the
processing of large-lot tract or parcel maps followed by, or
concurrent with, the processing of builder tentative tracts or
parcel maps subject to the following:
(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; and, the recording of a subsequent
builder map is required before building permits can be
issued; and, a covenant in a form approved by the City
Attorney shall be recorded against the entire site
reflecting same;
(b) Irrevocable offers of dedication, including necessary
construction easements, for right-of-way for the
following arterial highways and park and other public
facility sites within the project boundaries that are
listed below and identified in these conditions of
approval are made prior to approval of the first final
large-lot tract or parcel map:
1. Arterial highways including:
a. Santa Ana Canyon Road within the project
boundaries, excluding the Owl Rock Lease area,
as verified by the City Attorney's review of
the lease agreement.
b. Santa Ana Canyon Road within the Owl Rock
Lease area, subject to the Owl Rock Lease
until January 1, 2004, provided that Santa Ana
Canyon Road shall be dedicated and improved
from Gypsum Canyon Road to the eastern
property line when required to prevent levels
of service on arterials and on SR-91 from
deteriorating to worse than LOS D due to
Project traffic, but in any event, no later
than the first building permit in Phase IV.
Alternatively, the City may accept the right
of way upon (i) identification of a funding
source for construction of the contemplated
~ improvements to the right-of-way, independent
of any funding that would otherwise have been
provided from the project or assessed against
the property, and (ii) adoption by the City of
a resolution (in the City's sole discretion)
declaring that there is a need for the
improvements, provided that, in this event,
the improvements shall nonetheless be made in
compliance with the conceptual grading plan
for the project and this Specific Plan,
subject to a reimbursement agreement providing
for developer's participation.
c. Gypsum Canyon Road
d. Weir Canyon Road
e. Street "D"
f. Oak Canyon Drive
g. Street "A" between Street "B" and Gypsum
Canyon Road
h. Street "B" between Santa Ana Canyon Drive and
Gypsum Canyon Road
i. Jamboree Road
2. Open Space Area 30 and Development Area 10
including the community park site. In addition to
and separate from the dedication requirements of
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the local park ordinance, a minimum of 1.4 acres
shall be dedicated in Development Area 10 for
construction of a community center and appurtenant
facilities.
3. Subject to Planning Department approval, the
irrevocable offers of dedication will take into
account the environmental consideration of the
Eastern Transportation Corridor.
4. Any street improvements as part of these roadways
shall be generally in conformance with the Specific
Plan Conceptual Grading Plan.
(c) The tract or parcel map otherwise complies with the
Subdivision Map Act and the Anaheim Municipal Code.
PLANNING-RELATED
5. That the property owner/developer shall be responsible for
implementation of all applicable stipulations, if any, in the
public hearings (as noted in the meeting minutes) and in the
Mountain Park Specific Plan; and, that all future grading and
development of the Mountain Park project shall display the
quality standards represented by the applicant in the public
hearings (as noted in the meeting minutes) in conjunction with
the Specific Plan process and in the Specific Plan document
for all zoning and development standards.
6. 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 describes how the development is in
conformance with the applicable guidelines and ordinances
established by the Specific Plan. As indicated in the
Specific Plan document, the guidelines are intended to be
used for general reference as part of the Site Plan
review process; however, they are not intended to be used as
minimum requirements and it is recognized that all guidelines
need not be achieved for any given project. (4.8.1)
7. 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 in conformance with Section 18.76.040.030 of the
Anaheim Municipal Code:
(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.
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(b) Topographic map.
(c) Landscaping plans - indicating the extent and type of
proposed landscaping and including any existing
vegetation which is to be retained. The property
owner/developer shall submit documentation which confirms
~- that development is in conformance with the Landscape
Concept Plan (Exhibit 18 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. Any fencing located in a manner which may
obstruct the view from a public right-of-way shall
consist of decorative open-work materials. 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 the public 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) Signing plans - specifying the size, height, location,
color, material and lighting of such signs. Within tract
or parcel maps which abut the proposed Eastern
Transportation Corridor, the property owner/developer
shall provide temporary signs identifying the location of
the Corridor. Within lots or parcels which are proposed
~ for future development, the property owner/developer
shall provide temporary signs to identify proposed future
land uses, e.g. future commercial site, future
park/school site, future residential site. Prior to
issuance of sign permits, all signage shall be subject to
the review and approval of the city Traffic and
Transportation Manager for line-of-sight considerations.
8. That Site Plans shall include preliminary building plot plans,
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 and shall be prepared in
conformance with the Pre-File submittal requirements on file
with the Zoning Division of the Planning Department. Plot
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plans for the single-family RS-7200 Districts may show the
"typical" building footprint for each proposed unit, provided
that the property owner/developer also provides a statistical
summary showing that the unit proposed for each lot is in
conformance with all applicable setback and building coverage
requirements. If a typical building footprint is provided, a
final plot plan shall be submitted to the Planning Commission
for review and approval as a Report and Recommendation item
prior to the approval of a final tract or parcel map. Final
plot plans, floor plans and building elevations ultimately
approved bythe City shall be in substantial conformance with
said preliminary plans.
9.* That prior to approval of Site Plans, plans shall show
adherence to the zoning and development code standards, unless
a variance from these code standards is processed in
accordance with the Anaheim Municipal Code. (4.8.1)
10. That prior to submittal of each tentative tract or parcel map
and Site Plan, plans shall be submitted to the Police and Fire
Departments for review and approval incorporating defensible
space concepts and safety features (i.e., access, visibility,
surveillance, lighting, etc.).
11.* That prior to the approval of Site Plans and prior to the
issuance of building permits, plans shall be reviewed and
approved by the Fire Department as being in conformance with
the Uniform Fire Code.
12. That all air conditioning facilities and other roof and ground
mounted equipment and trash enclosures shall be properly
shielded from view with architectural walls and landscaping,
and the sound buffered from adjacent residential properties.
Such information shall be specifically shown on the plans
submitted for building permits.
13. That all plumbing or other similar pipes and fixtures located
on the exterior of the building shall be fully screened by
architectural devices and/or appropriate building materials.
Such information shall be specifically shown on the plans
submitted for building permits.
14.* That prior to issuance of building permits, it shall be
demonstrated that all structures have been designed according
to the most recent seismic standards in the Uniform Building
Code and approved by the Chief Building official. (4.2.4)
Residential Uses:
15,. That in accordance with the requirements of Section 18.02.047
of the Anaheim Municipal Code pertaining to the initial sale
of residences in the City of Anaheim Planning Area "B", each
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buyer shall be provided with written information concerning
the Anaheim General Plan and the existing zoning within three
hundred (300) feet of the boundaries of subject tract. Prior
to issuance of the first certificate of occupancy of each
residential tract or parcel map, said written information
shall be submitted to the Zoning Division for review and
approval.
16. That prior to approval of Site Plans and prior to issuance of
building permits for units developed pursuant to the RM-2400
Zone, plans shall be submitted to the Planning Department
showing that clothes washer and dryer hookups are incorporated
into each dwelling unit.
17. That prior to issuance of residential rental condominium
project building permits, the legal property owner shall
prepare and record on the rental condominium tract an
unsubordinated covenant limiting occupancy of each rental
condominium unit to no more than two (2) persons (other than
children under the age of two (2) years) per bedroom. Said
limitation shall be effective throughout the time the unit is
leased and shall be included in each lease/rental agreement.
A copy of the covenant shall be submitted to and approved by
the City Attorney prior to recordation with the office of the
Orange County Recorder. A copy of the recorded covenant shall
be submitted to the Zoning Division.
18. That an unsubordinated covenant shall be recorded with each
final rental condominium project tract map with the Office of
the Orange County Recorder requiring the property owner to
provide and ensure that notice is given to perspective tenants
regarding the potential to eventually sell said units as
condominium/townhome units. A copy of the covenant shall be
submitted to and approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be
submitted to the Zoning Division. The property
owner/developer may comply with said covenant by requiring
language in the tenant lease agreement relative to the future
sale of said units as condominiums and the procedures for
giving notice of the date of sale to all tenants. Prior to
the issuance of the first certificate of occupancy for any
unit within a rental condominium tract, said lease agreement
shall be submitted to the Zoning Division for review and
approval of said wording.
19. That if a park and ride facility is proposed for Development
Area 1 in addition to residential uses, that all tentative
tract or parcel maps for said Development Area shall be
processed concurrently if both uses are proposed to have
access from Santa Ana Canyon Road in order to ensure
compatibility between the uses and vehicular access to the
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Development Area. Further, the following minimum setbacks
shall be provided for a park and ride facility:
A. Minimum 20-foot landscaped setback adjacent to
residential uses.
B. Minimum 20-foot landscaped setback adjacent to any
interior street.
C. Minimum 15-foot structural setback adjacent to the
landscaped area abutting Santa Ana Canyon Road.
20. That the property owner/developer shall provide the renter or
buyer of each dwelling unit with written information
pertaining to the schools serving the dwelling unit. A copy
of the written information shall be submitted to and approved
by the Zoning Division prior to issuance of the first
certificate of occupancy for each residential tract.
21. That for single-family detached and attached (paired homes)
tracts, the property owner/developer shall install a six-foot
high wall/fence along the side or rear lot line of any
single-family residential lot line abutting two or more
single-family residential lots.
22. That for any single-family detached and attached (paired home)
lot which has less than the minimum lot width required by
code, that an unsubordinated covenant shall be recorded on the
lot limiting the minimum front building setback line to the
front setback shown on the Site Plan (preliminary plot plan)
approved for the lot in connection with the approval of the
builder tentative tract map. A copy of the covenant shall be
submitted to and approved by the City Attorney prior to
recordation. A copy of the recorded covenant shall be
submitted to the Zoning Division.
23. That prior to the issuance of the first certificate of
occupancy within a tract or parcel map, the property
owner/developer shall install required fencing and 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.
24. That prior to the approval of Site Plans and tentative tract
or parcel maps for RM-2400 Zone complexes, plans shall be
submitted to and approved by the City Traffic and
Transportation Manager indicating how the vehicular security
gates and vehicle turn-around area will function. Further,
for parking spaces located along the entry driveways, plans
shall be in conformance with Engineering Standard Detail No.
607 (Driveway Location Planning). Gates shall not be
installed across any driveway or private street in a manner
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which may adversely affect vehicular traffic in the adjacent
public streets. Installation of any gates shall be subject to
the review and approval of the City Traffic and Transportation
Manager prior to the issuance of a building permit.
25. That for single-family reverse corner lots (a corner lot, the
side street line of which is substantially a continuation of
the front lot line of the corner which it rears), there shall
be a minimum 10-foot or greater building and fence/wall
setback subject to the review and approval of the City Traffic
and Transportation Manager for line-of-sight considerations.
26. That prior to the approval of Development Area Plans,
recreation club sites shall be designated in order to ensure
compatibility between the use and adjacent residential uses
and to plan for a comprehensive circulation plan. Further,
the circulation plan shall be subject to the review and
approval of the City Traffic and Transportation Manager.
Commercial Uses:
27. That the location and configuration of all lighting fixtures
including ground-mounted lighting fixtures utilized to accent
buildings, landscape elements, or to illuminate pedestrian
areas, shall be shown on all commercial Site Plans. All
proposed parking area lighting fixtures shall be down-lighted
with a maximum height of twelve (12) feet adjacent to any
residential properties. All lighting fixtures shall be
shielded to direct lighting toward the area to be
illuminated and away from adjacent residential property
lines to protect the integrity of the residential
neighborhoods. All lighting fixture types and locations
shall be identified on the plans submitted for building
permits.
28. That within the commercial development areas, no outdoor
storage of, display of, or work on vehicles or vehicular parts
shall be permitted.
29. That any roof-mounted equipment shall be subject to Anaheim
Municipal Code Section 18.76.100(F)(3) pertaining to the
SP90-4 "CL" (Commercial, Limited) Zone. Such information
shall be specifically shown on the plans submitted for Site
Plan approval and building permits.
30. That all commercial parking areas immediately adjacent to the
landscaped areas abutting Santa Ana Canyon Road, Weir Canyon
Road, Jamboree Road, Streets "A" and "B", and Gypsum Canyon
Road as designated on the Circulation Plan (Exhibit 11 of the
Specific Plan document) shall be screened from view by a
3-foot high landscaped berm. Said screening shall be shown on
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landscaping plans submitted in connection with Site Plans and
on plans submitted for building permits.
31. That in connection with the submittal of commercial Site Plans
for Planning Commission review and approval, building
elevations shall show that the rear elevations of commercial
buildings visible from off-site areas shall be architecturally
accented to portray a finished look. Plans shall also show
that all building colors, textures, and materials shall be
compatible between on-site commercial uses.
32. That any outdoor order speaker, such as for a drive-through
facility, shall be equipped with an operable volume control.
33. That on-premise sale and consumption of alcohol shall occur
subject to the approval of a conditional use permit and only
in conjunction with the sale, serving and consumption of
prepared food items (restaurants).
34. That prior to the approval of landscape plans for commercial
areas, plans shall show that minimum twenty-four inch (24")
box trees shall be planted on-site. Plans shall further show
that for any eucalyptus trees, that a mixture of 5 to 15
gallon trees shall be provided. Any tree planted on-site
shall be replaced in a timely manner in the event that it is
removed, damaged, diseased, and/or dead.
35. That in the event a parcel map for less than an entire
Commercial Development area is proposed, prior to the
recordation of said map, an unsubordinated management and
maintenance covenant, approved by the city Traffic and
Transportation Manager and Zoning Division and in a form
satisfactory to the City Attorney, shall be recorded with
the Office of the Orange County Recorder. A copy of the
recorded covenant shall then be submitted to the Zoning
Division. Provisions shall be made in the covenant that
the entire Commercial Development Area shall be managed
and maintained as one (1) integral parcel for purposes of
parking, vehicular circulation, signage, land usage,
maintenance and architectural control, provide reciprocal
access and parking and that the covenant shall be
referenced in all deeds transferring all or any part of
the property.
ENGINEERING/SUBDIVISION
36. That the following street design elements shall be shown on
all large-lot or builder tentative tract and parcel maps:
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a. Street cross sections, including dimensions, labels,
circulation designation (i.e. Scenic Expressway,
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 City Fire and
Public Works-Engineering Departments prior to approval of
the tentative tract map or parcel map. Said approval
shall be documented in the tentative tract or parcel map
staff report or in the minutes of the public hearing.
c. Horizontal alignment, including centerline radii, and
cul-de-sac radii.
37. 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 Table 17-A of Chapter
17.06 of the Anaheim Municipal Code.
d. Demonstrate contour grading in conformance with Council
Policy No. 211 including slope ratios, radius at the toe
of slope and location of planting bays.
e. Location and height of all retaining walls and crib
walls.
f. A statement regarding whether the Four Corners Pipeline
is currently within the proposed tract boundary or is
proposed to be relocated within the tract boundary. If
the pipeline is to be relocated, the proposed relocation
path shall be delineated on the tentative map.
g. Cross-Sections to illustrate existing topography and
proposed pad elevations shown on the tentative tract or
parcel map - sufficient to indicate the relationship of
the proposal to the nature and extent of the cut and fill
earthwork involved.
h. Lot dimensions and pad sizes of all lots
38. That prior to the approval of a large-lot or builder tentative
tract or parcel map, any lots not fronting on a public street
and/or gaining access off of a private street shall be
reviewed and approvedby the City Traffic and Transportation
Manager. Further, that an unsubordinated reciprocal access
and parking agreement, in a form satisfactory to the City
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Attorney, shall be recorded with the Orange County Recorder
prior to or concurrent with the final tract or parcel map. A
copy of the recorded agreement shall be submitted to the
Zoning Division.
39. That prior to approval of the large-lot or builder final tract
or parcel map, vehicular access rights to all arterial
highways adjacent to subject tract, except at street openings,
shall be dedicated to the City of Anaheim.
40. A. Prior to the sale of the first unit or the issuance of
the first certificate of occupancy, whichever occurs
first, the property owner/developer shall provide for the
following:
1. Private street maintenance
2. Hiking and equestrian trails maintenance over all
trails except in Development Area 30 and in open
space areas accepted for dedication to non-city
public agencies or non-profit entities
3. Slope landscaping and irrigation maintenance
4. Parkway landscaping and irrigation maintenance
5. Median island landscaping and irrigation
maintenance for private and non-City required
medians
6. On-site and off-site open or natural channel storm
drain facilities maintenance
7. Open space maintenance
8. Private sewer maintenance
9. NPDES permit Best Management Practices and the City
of Anaheim's requirements to protect surface waters
10. Maintain liability insurance for trails, except for
Development Area 30 and those in open space areas
accepted for dedication in fee to public agencies
or non-profit entities; 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 therefrom.
11. Provision for the replacement of any tree planted
in accordance with project landscaping plans in a
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timely manner in the event that it is removed,
damaged, diseased and/or dead.
12. Private storm drain maintenance
13. Private street light maintenance
B. That if Items 1 through 13 are to be maintained/financed
through a Homeowner's Association, that prior to the sale
of the first unit or the issuance of the first
certificate of occupancy, 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 Subdivision Section 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 Subdivision
Section of the Public Works-Engineering Department.
C. That if the responsibility for maintenance of Items 1
through 13 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
the issuance of the first certificate of use or
occupancy, whichever occurs first.
D. The property owner/developer of each tract or parcel
shall improve all the hereinabove described parkways and
median islands and provide maintenance for non-City
required parkways and medians, including providing the
above specified insurance, until such time as the Homeow-
ner'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.
41. 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 phase, the legal property owner shall provide
a Public Improvement Agreement, in a form approved by the City
Attorney, agreeing to construct all backbone street, sewer and
storm drain improvements as required bythe City Engineer and
Utilities General Manager at the legal property owner's
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expense. The developer shall post improvement security in
conformance with Sections 17.08.450, 17.08.460 and 17.08.470
of the Anaheim Municipal Code. The agreement shall be
recorded in the Office of the Orange County Recorder. A copy
of the agreement shall be submitted to the Subdivision Section
of the Public Works-Engineering Department.
42. That prior to approval of eaoh large-lot or builder final
tract or parcel map, whichever occurs first, the legal
property owner shall provide an unsubordinated Subdivision
Agreement, in a form to be approved by the city Attorney,
agreeing to complete the public street, sewer, storm drain,
water, electrical and hiking and equestrian trail improvements
required for the subdivision at the legal property owner's
expense. The developer shall post improvement security in
conformance with Sections 17.08.450, 17.08.460 and 17.08.470
of the Anaheim Municipal Code. The agreement shall be
recorded concurrently with the final map.
43. That prior to or concurrently with the recordation of the
large-lot or builder final tract or parcel map, whichever
occurs first the property owner/developer shall record against
the entire tract or parcel an unsubordinated covenant, in a
form approved by the city Attorney, imposing against each and
every lot in the tract or parcel the obligation to maintain
all slopes, open space, private streets, and private utilities
unless a financial mechanism acceptable to the city has been
established to provide for the maintenance of these items.
The slopes and areas to be maintained under this covenant
shall be those determinedby the City Engineer as required by
the Municipal Code. The obligations of the covenant shall
survive unless and until CC&R's are recorded, or a financial
mechanism acceptable to the city is established, which assumes
all duties required under the covenant. A copy of the
recorded covenant shall be submitted to the Subdivision
Section of the Public Works-Engineering Department.
44. That prior to approval of each final tract or parcel map, a
Maintenance Exhibit shall be submitted to and approved bythe
City Engineer outlining the maintenance obligations within the
map boundaries as required by Condition No. 40. Said exhibit
shall be recorded with the CC&R's or as a separate document if
another financial mechanism acceptable to the city is
established.
GRADING/SOILS
45. A.* Prior to issuance of grading permits, grading plans shall
be approved by the City Engineer. Grading and drainage
plans shall conform to the procedures and requirements of
15
Chapter 17.06, "Grading, Excavations and Fills in
Hillside Areas", of the Land Development and Resources
Section of the Anaheim Municipal Code and to Council
Policy No. 211 on hillside grading. (4.1.1) (4.1.2)
(4.3.2) (4.3.4)
B. That the property owner/developer may process a
Preliminary Mass Grading Plan for the limited purpose of
construction of remedial grading and large cuts and fills
as the first step of the grading operations without
complying with conditions which require master plan
facilities (Condition Nos. 41, 48, 54, 61, 67, 69(a-f),
115, and 194 contained herein) which, by their terms,
must be complied with prior to approval of a mass grading
plan provided:
Erosion control facilities shall be made a part of
the plan and shall be the first items of
construction.
2. A construction access plan shall be reviewed and
approved by the Traffic and Transportation Manager
and Fire Marshall. The plan shall also be
submitted for review and comment by Caltrans for
the portion of the plan involving Caltrans
facilities.
3. All ultimate improvements shall be in accordance
with applicable standards and codes. All temporary
improvements shall be in accordance with the
recommendations of the geotechnical engineer and
the approval of the City Engineer.
4. The superseding Mass Grading Plan shall be
submitted within six months from issuance of the
permit for Preliminary Mass Grading.
5. The property owner/developer shall post security in
conformance with Section 17.06.220 of the Anaheim
Municipal Code.
46. That prior to approval of a large-lot or builder tentative
tract or parcel map, whichever occurs first, a preliminary
soils and geological report shall be submitted to the City
Engineer. This report shall be prepared to the satisfaction
the City Engineer and shall show compliance with design
criteria and mitigation measures identified in EIR No. 302 and
listed as part of this condition. (4.2.1)
47. That prior to approval of each grading plan, a thorough soils
and geological report, based on the proposed grading, shall be
submitted to the City Engineer. This report shall be prepared
16
to the satisfaction of the City Engineer and shall show
compliance with design criteria and mitigation measures
identified in EIR No. 302 and listed as part of this
condition. The grading plan shall be in conformance with all
recommendations of the report. (4.2.5) (4.2.6) (4.2.7) (4.2.8)
(4.2.9) (4.2.10) (4.2.11)
48. That prior to approval of grading plans within an area in
which the Four Corners Pipeline is located or is proposed to
be relocated within the grading plan boundaries, the property
owner/developer shall obtain the approval of the Four Corners
Pipeline Company. If the pipeline is located or will be
relocated within the public right-of-way, the Four Corners
Pipeline Company shall secure a franchise agreement from the
City of Anaheim. Provisions of the franchise shall be in
conformance with the City Charter and approved by the Four
Corners Pipeline Company and the City of Anaheim prior to
approval of the grading plan. Said agreement shall be
submitted to the City Attorney's Office for review and
approval as to form.
49. That prior to approval of any grading plan within a
development area wherein the Four Corners Pipeline exists or
is proposed to be relocated, the property owner/developer
shall submit a safety plan to the city Engineer. If there are
any environmental concerns relating to developing adjacent to
the pipeline or relocating it identified during subsequent
CEQA reviews, the property owner/developer shall be
responsible for financing/implementing any necessary
mitigation measures. Said plan shall be reviewed by the Four
Corners Pipeline Company and approved bythe city. Relocation
of the pipeline shall occur at no cost to the City.
50. During grading, site preparation, excavation and earthwork
completion operations shall be performed under the observation
and testing of a geotechnical engineer and an engineering
geologist. (4.2.12)
51. That prior to the public hearing for each mass grading plan,
the developer shall submit a monitoring plan, prepared by an
Orange County certified paleontologist and in conformance with
mitigation measures identified in FEIR No. 302 and listed as
part of this condition, to the Subdivision Section. Any
paleontological work at the site shall be conducted under the
direction of the certified paleontologist. If any fossil
discovery occurs during grading operations when a
paleontological monitor is not present, grading shall be
diverted around the area until the monitor can survey the
area. Any fossils recovered during the development along with
their contextual statiagraphic data, shall be donated to the
Natural History Foundation of Orange County, or other
appropriate institution with an educational and research
17
interest in the materials. A final report detailing findings
and disposition of specimens shall be submitted to the City
Engineer. Upon completion of grading, the paleontologist
shall notify the City Engineer as to when this final report
will be submitted. A copy of the final report shall be
submitted to the Zoning Division. (4.5.1)
52. That in connection with the submittal of each mass grading
plan, the property owner/developer shall submit a dust control
plan for review by the Subdivision Section. The dust control
plan shall specify steps that will be taken to comply with
SCAQMD Rule 402, which requires that there be no dust impacts
off-site sufficient to cause a nuisance, and SCAQMD Rule 403,
which restricts fugitive dust emissions. The plan shall also
include provisions to limit the exposed areas by completing
and covering graded areas before other areas are disturbed.
The dust control plan shall be approved by the City Engineer
concurrently with the mass grading plan. The developer shall
submit an exhibit to the Field Engineer each quarter showing
exposed areas, areas covered by hydroseeding or polymer, and
permanently landscaped areas. (4.10.1)
53. That prior to the public hearing for each grading plan, the
developer shall submit an erosion control plan prepared by a
registered civil engineer for review by the Subdivision
Section. The erosion control plan shall be prepared in
compliance with the mitigation measures identified in FEIR No.
302 and listed as part of this condition and shall be approved
by the City Engineer concurrently with the grading plan. The
erosion control plans shall be updated each year, prior to
October 15th, until the development is complete. After each
storm (i.e. rainfall of at least i inch within a 24 hour time
period) a summary shall be submitted to the Field Engineer
indicating the performance of the erosion control facilities,
the schedule for cleanup and repair, and planned improvements
to devices that did not perform satisfactorily. (4.2.3)
(4.3.1) (4.4.3.f)
54. That prior to approval of the first mass grading plan for
Development Areas 18, 19, 22, 24 and 30, landscaping plans,
including provision for a temporary landscaped berm for the
areas adjacent to the sand and gravel operation boundary,
shall be submitted to the Planning Department for review and
approval by the Planning Commission. The slope landscaping
and irrigation shall be installed and certified by the
responsible landscape architect in conformance with Section
17.06.137 of the Anaheim Municipal Code prior to approval of
the first plot plan grading plan for said areas. The
landscaping plans shall be prepared in compliance with the
landscape mitigation measure identified in FEIR No. 302 and
listed as part of this condition. (4.10.11)
18
LANDSCAPING
55. That prior to the approval of the first landscape plan, a tree
and plant palette shall be submitted for review and approval
by the Planning, Fire and Maintenance Departments in
compliance with the mitigation measure identified in FEIR No.
302 and listed as part of this condition. (4.4.2.h)
56. That prior to approval of landscape plans adjacent to all
public roadways, tree types and locations shall be reviewed
and approved by the Director of Maintenance. Root and
sidewalk barriers shall be provided for trees within seven
feet of public sidewalks and/or public right-of-way.
57.* That prior to approval of landscape plans for each tract or
parcel map, fuel modification plans shall be reviewed and
approved by the Fire Department. Fuel breaks shall be
provided as determined to be necessary by the Fire Department
and the fuel modification program shall be implemented as
outlined in the Specific Plan document.
58.* That native slopes adjacent to newly constructed homes shall
be hydroseeded with a low fuel combustible seed mix. Such
slopes shall be sprinklered and weeded as required to
establish a minimum of thirty (30) feet of separation between
flammable vegetation and any structure.
59. That prior to the approval of each mass grading plan, a Master
Specimen Tree Removal Permit shall be submitted for review and
approval by the Planning Commission in accordance with the
Mountain Park Specimen Tree removal regulations in Anaheim
Municipal Code Section 18.76.130(F) pertaining to the SP90-4
"SC" (Scenic Corridor Overlay) Zone. Provided further that:
(a) The property owner/developer shall submit an annual
letter to the Zoning Division, commencing the first
January following the issuance of the Master Specimen
Tree Removal Permit, to document the number and location
of the trees replaced in accordance with the requirements
of the Master Specimen Tree Removal Permit; and,
(b) Prior to landscaping bonds being released for development
in each phase of the project, as depicted on the Phasing
Plan (Exhibit 28 of the Specific Plan document), the
property owner/developer shall submit to the Zoning
Division proof in the form of written documentation and
a final Specimen Tree Replacement Location Map that all
replacement trees within the phase have been planted and
have been established for a minimum period of one year in
accordance with approved landscaped plans.
19
(c) All subsequent specimen tree removal requests shall be
processed in accordance with Section 18.76.130(F).
60. That individual trees shall be removed only after issuance of
the mass grading permit covering the area which includes the
trees. Further, the mass grading plan shall specify the
number of trees to be removed in accordance with the Master
Specimen Tree Removal Permit.
61. That prior to approval of each grading plan, the property
owner/developer shall submit landscaping and irrigation plans
and an Irrigation Management Program to integrate and phase
the installation of landscaping with the proposed grading and
construction schedule to the Zoning Division for review and
approval.
(a) The landscape plans shall be based on the conceptual
landscape plans approved by the Planning Commission in
connection with Site Plan, tentative tract or parcel map
approval. If grading plans are processed prior to
subdivision or Site Plan approval, then the landscape
plans shall be submitted to the Planning Commission for
a noticed public hearing in the same time and manner as
required for review of Site Plans.
(b) The landscaping plans shall be prepared and certified by
a licensed landscape architect. The landscape architect
shall submit certification in accordance with Municipal
Code Section 17.06.137. The landscape plans shall
provide visual screening of urban uses (residential,
commercial, school, water tank) from open space areas on-
and off-site and shall include heavy emphasis on
drought-resistent and fire-retardant vegetation and be in
conformance with City requirements and standards.
(c) The Irrigation Management Program shall specify methods
for monitoring the irrigation system, and shall be
designed by an irrigation engineer (certification to be
submitted in accordance with Municipal Code Section
17.06.137). The system shall ensure that irrigation
rates do not exceed the infiltration of local soils and
that the application of fertilizers and pesticides do not
exceed appropriate levels and frequencies.
(d) Each landscaping and irrigation plan shall include the
installation of low water using landscape and low volmme
irrigation systems in accordance with the guidelines
established in the State of California Water Efficient
Landscape Model Ordinance set forth byAssembly Bill 325,
including, but not limited to, design features that
conserve water such as controlled irrigation systems
which may employ drip irrigation, soil moisture sensors,
20
and automatic systems that minimize runoff and
evaporation, and use of mulch on top of soil to improve
water holding capacity of public landscaped areas; and,
use of xeriscape and drought-tolerant species for
landscaping. Plans indicating such conservation measures
shall be reviewed and approved by the Utilities
Department prior to approval by the Zoning Division.
Further, prior to the submittal of model home final
landscape plans to the Zoning Division for review and
approval, the property owner/developer shall work with
the Utilities Department to develop demonstration
projeots utilizing water conserving landscape and
irrigation systems for Mountain Park model homes.
(e) A Mitigation Measure Compliance Report shall be submitted
indicating compliance with mitigation measures
established for FEIR No. 302 and listed as part of this
condition. (4.8.2)
%~ 62. That prior to the issuance of the first certificate of use or
occupancy for any structure within each tract or parcel map,
a licensed landscape architect shall certify to the Zoning
Division, in conformance with Section 17.06.137 of the Anaheim
Municipal Code, that the landscaping has been installed for
the individual tract or parcel maps in accordance with a
phasing plan approved with the landscape and irrigation plans.
63. That in order to minimize the possibility of invasion of
native habitats bynon-native invasive plant species, no such
plant species shall be used in landscape plans, fuel
modification zones or buffer zones which interface with the
preserved natural open space areas. As indicated below, some
of these plant species may be utilized in areas which do not
interface with open space areas. Any CC&Rs will provide that
disposal of cuttings of these or any other ornamental plants
in preserved natural open space areas is strictly prohibited.
v Controlled invasive species will include the following:
· Giant reed (Arundo donax)*
· Hottentot-fig (Carpobrotus edulis)
· Garland chrysanthemum (Chrysanthemum coronarium)*
· Pampas grass (Cortaderia atacamensis)*
· French broom (Cytisus monspessulans)
· Scotch broom (Cytisus scoparius)
· Bermuda buttercup (Oxalis pes-caprae)*
· German ivy (Senecio mikanoides)
· Pink periwinkle (Vinca major)
~ Tamarisk (Tamarix spp.)*
~ ~ Gorse (Ulex europaeus)
· Chinese Tree-of-Heaven (Ailantis spp.)*
21
* Indicates species which may not be used in any plant
palettes, regardless of location in the development, due
to its ability to readily spread via airborne seeds,
rather than vegetatively. (4.4.3.n)
64. That prior to the issuance of the first use and occupancy
permits within the tract or parcel map, the property
owner/developer shall submit, to the satisfaction of the
General Manager of the Utilities Department, a certified water
audit for landscape irrigation systems. (4.13.4)
65. That on-site landscaping and irrigation systems shall be
maintained in compliance with City standards.
66. That in connection, with the submittal for approval of any
large-lot or builder tentative tract and/or parcel map
whichever occurs first, including or adjacent to water
reservoir sites, conceptual landscape plans which delineate
techniques for screening the reservoir, where visible to the
public, shall be submitted to the Planning Commission for
review and approval. Further, the financial mechanism for
provision and maintenance all such landscaping areas shall be
reviewed and approved by the City. (4.13.13)
67. That prior to issuance of grading permits for all graded areas
to remain as open space adjacent to Open Space Areas 31 and 32
which are suitable for planting vegetation, and are not a part
of any potential fuel modification zones, landscaping plans
shall be submitted to the Planning Department for Planning
Commission review and approval showing that said areas shall
be planted and/or seeded extensively with appropriate southern
California native species upon completion of grading. Areas
where planting is unnecessary or infeasible, such as areas
composed of hard rock or non-erodible soils, shall not require
landscaping and shall be so designated on landscape plans.
Upon completion of grading adjacent to Open Space Areas 31 and
32, all graded areas shall be planted and/or seeded in
accordance with the approved plans. Upon completion of
planting and/or seeding and prior to issuance of grading
permits for Phase IV of the project, the property
owner/developer shall submit to the Zoning Division a request
for a city inspection to verify that the planting has been
completed in conformance with approved plans.
(4.4.2.g) (4.4.3.j)
68. That detailed landscape plans for privately maintained common
areas shall be submitted to the Zoning Division and approved
prior to approval of plot plan grading plans. Plans shall
include provisions for long-term maintenance, and shall be
consistent with the landscape plans submitted for review and
approval by the Planning Commission in connection with Site
Plans, tentative tract or parcel maps or grading plans.(4.8.2)
22
HYDROLOGY (STORM DRAINS)
69. That prior to approval of the first large-lot tentative tract
or parcel map or mass grading plan, whichever occurs first,
the property owner/developer shall submit a Master Drainage
and Runoff Management Plan (MDRMP) for review by the Public
Works - Engineering Department and approval by the City
Engineer. Prior to approval by the City Engineer, the MDRMP
shall be submitted to the County of Orange Environmental
Management Agency, the Regional Water Quality Control Board
and Caltrans for review and approval as it relates to their
drainage systems/areas of responsibility. The master plan
shall include the following items:
a. Backbone storm drain layout and pipe size, including
supporting hydrology and hydraulic calculations for
storms up to and including the 100-year storm
b. Storm drain improvement phasing plan
c. Assessment of existing water quality
d. Detailed potential water quality impacts
e. Proposed specific measures, using structural and
non-structural Best Management Practices, to maintain
water quality
f. Water Quality Monitoring Program
g. Mitigation Measure Compliance Report indicating
compliance with mi.tigation measures identified in FEIR
No. 302 and listed as part of this condition. (4.3.5)
70. That prior to issuance of grading permits, the property
owner/developer shall obtain an NPDESpermit from the Regional
Water Quality Control Board. (4.3.7)
71. That prior to approval of drainage improvement plans for each
tract or parcel map, plans shall provide for sediment traps to
be constructed on private drainage devices to prevent silt
from entering the public streets and storm drains. The
sediment traps shall be constructed prior to issuance of any
certificates of occupancy for the tract or parcel map.
(4.3.5)
72. That prior to the approval of any large-lot or builder
tentative tract or parcel map or rough grading plan, whichever
occurs first, the property owner/developer shall submit a
Drainage and Runoff Management Plan to the Public
Works-Engineering Department for review and approval by the
23
City Engineer that conforms to the Master Drainage and Runoff
Management Plan and includes the following items:
a. A delineation of the improvements to be implemented for
control of project generated drainage and runoff,
demonstrating compliance with design criteria and
drainage mitigation measures identified in FEIR No. 302
and listed as part of this condition. (4.3.3) (4.3.5)
(4.3.6)
b. A description of the existing discharge conditions, post
development runoff estimates, proposed drainage
improvements and proposed measures to maintain water
quality.
c. The design of specific flood control facilities that will
protect the development from inundation due to rainfall
runoff from a 10-year, 25-year and 100-year flood.
73. That in connection with the submittal of each grading plan,
the property owner/developer shall indicate whether the rocket
fuel test site lease area is within the vicinity of the
grading plan boundaries. Prior to the approval of the first
grading plan in the vicinity of the rocket fuel test site
lease area, the property owner/developer shall submit a
monitoring and sampling plan to be implemented while grading
to the City Engineer and to the Regional Water Quality Control
Board for review and approval. (4.3.8)
74. That prior to approval of each large-lot or builder final
tract map or parcel map, storm drain improvement plans that
will protect the development from inundation due to rainfall
from all storms up to and including the 100-year storm shall
be prepared and submitted to the Public Works-Engineering
Department, Subdivision Section for review and approval.
Design and installation of project drainage facilities shall
be in accordance with the flow criteria, design standards and
construction requirements of the Public Works-Engineering
Department. (4.3.5) (4.3.6)
75. That prior to approval of any final grading plan having
interface with the future Weir Canyon dedication area, the
property owner/developer shall submit to the City Engineer for
his approval a site specific hydrology study demonstrating
that surface runoff to the dedication area will not increase
as a result of proposed on-site grading and other
development-related drainage and urban run-off effects from
Mountain Park.
76. That the property owner/developer shall be financially
responsible for the following items:
24
(a) The construction of the Master Plan drainage facilities;
(b) The construction of in-tract and local storm drain system
improvements; and
(c) Any permits and any subsequent environmental assessment
deemed necessary by the City of Anaheim.
WATER
77. That in conjunction with the submittal of each large-lot or
builder tentative tract or parcel map, the property
owner/developer shall provide information regarding the sizing
requirements for the water system (i.e., primary mains,
special facilities, terminal storage reservoir and
transmission mains) within the parcel or tract boundaries;
said requirements to be reviewed and approved by the Water
Engineering Division prior to the approval of each tentative
tract or parcel map. Further, in designing the main water
distribution system to be installed in arterial roadways, the
property owner/developer shall consider including reclaimed
water lines for irrigation of common area landscapes, median
strips, slopes and park spaces in the project to accommodate
future use of reclaimed water. Prior to the submittal of each
large-lot or builder tentative tract or parcel map, a
determination whether to include reclaimed water lines within
the map boundaries will be made jointly by the Utilities
Department and property owner/developer.
78. That prior to approval of each large-lot or builder tentative
tract or parcel map, the Water Engineering Division shall have
the opportunity to review that specific development phase to
determine what increment, if any, of the terminal water
storage facility must be installed by the property
owner/developer to support said development phase.
79. The Water Concept Plan (Exhibit 33 of the Specific Plan
document) indicates 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 as to the placement and timing of the water storage
reservoirs and pump stations.
80. Prior to the approval of the first large-lot or builder
tentative tract or parcel map, whichever occurs first, the
property owner/developer shall obtain approval of a
Master Plan of Improvements from the General Manager,
Utilities Department. Upon approval of the Master Plan of
Improvements, said plan shall be incorporated into the
25
Specific Plan Public Facilities Plan by reference and shall be
carried out in accordance therewith. The General Manager,
Utilities Department reserves the right at any time to revise
and update the Master Plan of Improvements provided that such
revisions shall not affect contracts previously executed by
the City and the property owner/developer in accordance with
the Master Plan of Improvements prior to said revision. In
accordance with the Water Utility's Rates, Rules and
Regulations and the Mountain Park Specific Plan, the Master
Plan shall include a hydraulic analysis for the proposed
system under average day, maximum day and peak hour demands,
shall give consideration to projected water demands, pressure
zones and service area, and shall set forth the requirements
for phasing, financing and constructing primary mains,
reservoirs, pump stations, and the following required
improvements:
A. The construction of a new groundwater well at a location
to be chosen bythe Water Engineering Division (currently
proposed in Eucalyptus Park).
B. Advancement of funds for the construction of an in-line
booster pump station currently proposed in the vicinity
of La Palma Avenue and Kellogg Drive if the capacity
added by the Eucalyptus Park groundwater well is
determined to be insufficient to cover increased demand.
C. Advancement of funds for the completion of two segments
of the transmission main in Santa Ana Canyon Road between
Anaheim Hills Road and Mohler Drive (about 4500 feet of
36-inch) and between Weir Canyon Road and Longwood Street
(about 1800 feet of 30-inch) to reduce headloss in the
transmission main as a result of higher water demand.
D. Advancement of funds for the upgrading of the city's
turnout facility off the Allen McColloch Pipeline if the
capacity added by improvements in items A and B is
determined to be insufficient to cover increased demand.
E. Construction of all water lines, reservoirs, and
facilities shown on the Water Concept Plan (Exhibit 33 of
the Specific Plan document) in accordance with the
Utility Department requirements for each development
phase. Water supplied to this project at the 1320
pressure zone gradient will be provided from existing
facilities in the Utilities Special Facilities District
Number One ("SFD~i"). The one million gallon reservoir,
required to be constructed in this project, will be the
final facility that is planned for in SFD~i.
26
F. Any SFD~i connection to the 900 and 1120 pressure zone
gradients will be provided as an emergency backup only,
subject to further negotiation with the city.
G. Mitigation Measure Compliance Report showing compliance
with water mitigation measures identified in EIR No. 302
and listed as part of this condition. (4.13.12)(4.13.14)
H. To the extent the property owner/developer may qualify
for reimbursement from other benefitted properties, the
property owner/developer may petition the city Council to
establish a reimbursement agreement or benefit district
to include other unincorporated properties within
Anaheim's sphere-of-influence which may benefit from the
above-noted facilities/projects. Costs associated with
the establishment of any such districts shall be at the
expense of the property owner/developer.
An approved copy of the Water Master Plan shall be submitted
to the Subdivision Section. Any subsequent amendment to the
plan shall also be submitted to the Subdivision Section.
81. That prior to the approval of each large-lot or builder
tentative tract or parcel map or 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 closely coordinated with and
approved by the Water Engineering Division of the Utilities
Department.
82. 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.
83. 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. Further, any water backflow equipment and any other
large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either
underground vaults or behind the street setback area in a
manner fully screened from all public streets and alleys.
84. That prior to issuance of building permits, the property
owner/developer shall submit plans to the Water Engineering
Division of the Utilities Department to show that water
consumption reduction measures have been implemented as
required by State law, in accordance with the Water Utility's
27
Rates, Rules and Regulations and in conformance with
mitigation measures identified in FEIR No. 302 and listed as
part of this condition. Plans submitted for building permits
shall show that the buildings have been designed to
incorporate water conserving techniques including the use of
ultra low-flow toilets, and low flow showerheads and faucets.
The water reduction measures shall be in place prior to
issuance of use and occupancy permits. (4.13.3)
85. That in accordance with the Water Engineering Division's
policy, reservoir construction shall consist of one-half of
the reservoirs to be constructed of steel and one-half to be
constructed of concrete unless otherwise approved by the Water
Engineering Division.
86. That reservoirs will be located and designed in a manner which
screens them from public view. Prior to approval of the
large-lot or builder tentative tract or parcel map, whichever
occurs first, which includes the reservoir site, the Utilities
Department shall determine whether the reservoir will be
completely buried, partially buried or above-ground. Said
information, shall be noted in the tentative tract or parcel
map staff report.
ELECTRICAL
87. That prior to large-lot or builder final tract or parcel map
approval, whichever occurs first, the property owner/developer
shall install, bond for, or otherwise secure on-site
electrical facilities in accordance with the City of Anaheim
Public Utility Electric Rates, Rules and Regulations, and
provide evidence of this fact to the City Utilities
Department. (4.13.1)
88. That, for electrical substation site and underground 69kV
Transmission, 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 Utilities Department to dedicate or reimburse its
proportionate share of the cost of a level graded site for a
City of Anaheim Public Utility 69kV to 12kV Electrical
Substation and to set forth the timing for the grading and
dedication of the site. The site shall be 2.5 acres. In
addition, any right-of-way or easements necessary to provide
access to the substation site for 69kV Transmission and 12kV
Distribution Lines and Public Utility construction and
maintenance crews shall be dedicated in accordance with the
approved agreement. The substation site shall be in a
centralized location which will best serve the needs of the
existing city of Anaheim, Mountain Park, Cypress Canyon and
any other new developments in the Gypsum and Coal Canyon
areas.
28
The substation site is currently proposed within the Cypress
Canyon development; however, if the Cypress Canyon project
area is not annexed to the city of Anaheim and constructed
with uses requiring the service of the electrical substation
site, or if the Utilities Department determines that the
electrical substation site is needed to serve the Mountain
Park development prior to the commencement of the Cypress
Canyon project, the Mountain Park property owner/developer
shall be responsible for securing, grading, constructing and
providing for an on-site electrical substation site acceptable
to the Utilities Department. To the extent the property
owner/developer may qualify for reimbursement from other
benefitted properties, the property owner/developer may
petition the City Council to establish a reimbursement
agreement or benefit district to include other areas of
benefit. Costs associated with the establishment of any such
districts shall be at the expense of the property
owner/developer.
Written proof of the Electrical SubstationAgreement shall be
furnished to the Planning Department and the Utilities
Department and shall be subject to approval by the Utilities
Department and the City Attorney's Office. (4.13.2)
89. That, for electrical substation site and underground 69kV
Transmission, the property owner/developer shall provide and
install underground conduits and substructures, and shall pay
its proportionate share of the fee for the installation of
three (3) 69kV underground transmission lines which will
provide service to the substation site. One route will be
along or near Santa Ana Canyon Road from west of Weir Canyon
Road to the proposed substation site. The other routes shall
be determined prior to the approval of the first large-lot
tract or parcel map or builder tentative tract or parcel map,
whichever occurs first or at a later date agreed to by the
Utilities Department. Construction and funding shall be in
accordance with the Electric Rates, Rules and Regulations and
Electrical Engineering Construction Standards.
90. That, for electrical substation site and underground 69kV
Transmission, if there are any environmental concerns relating
to the location of the substation site and associated
transmission and distribution lines identified during
subsequent CEQA reviews, the propertyowner/developer shall be
responsible for financing any reports/studies required bythe
City as part of the CEQA review and financing/implementing any
necessary mitigation measures. The financing of any reports,
studies, and/or actions taken to mitigate environmental
concerns associated with the Electrical System shall be
included in any reimbursement agreement for area-wide
electrical improvements.
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91. That, for construction phasing and scheduling, the property
owner/developer shall have the responsibility to coordinate
all long range construction schedules with the City of Anaheim
Utilities Department, Electrical Engineering Division. The
City does not, at this time, provide electrical service to
Gypsum Canyon and the property's distance from existing City
electrical facilities will require the construction of the
proposed substation. A completed substation requires five
years to design, bid, construct, and energize. The property
owner/developer shall keep the Electrical Engineering Division
apprised of construction phasing and scheduling to assure that
electrical service is available to meet the property
owner/developer's schedule. Portions of Phase I west of the
proposed Eastern Transportation Corridor (ETC) can be provided
interim service from planned underground 12kV systems
installed for The Summit of Anaheim Hills development adjacent
to Mountain Park (Oak Canyon Road and Weir Canyon Road).
General Commercial developments west of the ETC in the Santa
Ana Canyon Road area shall require the installation of a 12kV
conduit and substructures system in Santa Ana Canyon Road from
the east boundary of the East Hills development to the
proposed Mountain Park Phase 1 12kV conduit system. Unless
otherwise approved by the City Electrical Engineering
Division, Electrical Distribution Systems to serve areas east
of the proposed ETC shall be from the substation proposed to
supply service to Mountain Park/Coal Canyon area. Prior to
the approval of each large-lot or builder tentative tract or
parcel map, whichever occurs first, the property
owner/developer shall provide an updated construction and
phasing schedule to the Electrical Engineering Division.
92. That, for construction phasing and scheduling, information
regarding the scheduling of construction, phasing of street
improvements, and individual tract construction shall be
required prior to issuing final electrical distribution
drawings. Electrical Engineering shall be provided
construction schedules and phasing, and be notified of
schedule or phasing changes as they develop.
93. That, for electrical 12kV distribution systems and electrical
street light and communication systems, the property
owner/developer shall have the financial responsibility for
the installation of Electrical 12k Distribution Systems
consisting of underground concrete encased conduits,
vaults/substructures, apparatus pads, retaining walls, and
related facilities. These systems shall be provided as
required on all streets, public and private, at no cost to the
City in accordance with the Electric Rates, Rules and
Regulations, and the Electrical Engineering Construction
Standards.
3O
94. That, for electrical 12kV distribution systems and electrical
street light and communication systems, the property
owner/developer shall pay a non-refundable fee in accordance
with the Electric Rates, Rules and Regulations for the
installation of underground cables, splices, switches,
capacitors, and related labor and materials to complete an
underground 12kV network system in the developer-provided
conduit system. The scheduling and funding requirements for
12KV network systems shall be determined during the
preparation of the electrical underground system plans and
prior to improvement plans approvals. The property
owner/developer shall pay this fee to the city upon billing by
the City.
95A. That, for electrical 12kV distribution systems and electrical
street light and communication systems, the property
owner/developer shall construct a conduit, substructure system
in Santa Ana Canyon Road from the project boundary west to
intercept existing conduits located near the eastern boundary
of the East Hills development. The property owner/developer
shall pay a fee for the installation of underground cables,
padmounted switches, and related facilities to complete an
underground line extension along Santa Ana Canyon Road, all in
accordance with the City of Anaheim's Electric Rates, Rules
and Regulations.
B. That the Southern California Edison overhead 12kV pole line,
located on Santa Ana Canyon Road east of the east boundary of
the East Hills (Bauer Ranch) development shall be converted to
an underground system in conjunction with street improvements
for Santa Ana Canyon Road; or, prior to the approval of street
improvement plans for said portion of Santa Ana Canyon Road,
the Mountain Park property owner/developer shall submit proof
to the City of Anaheim's Electrical Engineering Division that
the overhead 12kV pole line will be abandoned within three (3)
years following the approval of street improvement plans.
Said abandonment shall be secured by a performance bond,
letter of credit, or other form of security in an amount and
form approved by the City. The conversion of the Southern
California Edison lines from an overhead to underground system
shall be at no cost to the City of Anaheim. To the extent the
property owner/developer may qualify for reimbursement from
other benefitted properties, the property owner/developer may
petition the City Council to establish a reimbursement
agreement or benefit district to include other areas of
benefit. Costs associated with the establishment of any such
districts shall be at the expense of the property
owner/developer.
96. That, for electrical 12kV distribution systems and electrical
street light and communication systems, the property
owner/developer shall have the financial responsibility for
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the installation of Street Lighting Systems consisting of
underground conduits, pull boxes, subsurface transformer
enclosures, retaining walls, and related facilities. These
systems shall be provided as required on all streets, public
and private, at no cost to the City in accordance with the
Electric Rates, Rules and Regulations, and the Electrical
Engineering Construction Standards.
97. That, for electrical 12kV distribution systems and electrical
street light and communication systems, the property
owner/developer shall have the financial responsibility for
the installation of Water and Electrical Control and
Communication Systems consisting of underground conduits, pull
boxes, subsurface enclosures, communication cables, retaining
walls, a dedicated transmitter, receiver, and antennae
site(s), and related facilities. These systems shall be
installed in accordance with the Public Utility Water and
Electrical Communication Master Plan as required, at no cost
to the City, in accordance with the Electric Rates,
Rules and Regulations, the Public Utility Water and Electrical
Communication Master Plan, and the Electrical Engineering
Construction Standards.
98. That, for electrical 12kV distribution systems and electrical
street light and communication systems, all facilities shall
be located within public right-of-way or easements dedicated
with recordation of final tracts or parcel maps, or as
separate documents. The conduit system with associated
concrete substructures shall be installed underground.
Switches and/or capacitors will be in metal cabinets mounted
above ground on concrete pads.
99. That, for electrical 12kV distribution systems and electrical
street light and communication systems, during the preparation
phases of improvement plans (streets, sewer and water, storm
drain, tract, precise grading, etc.) the property own-
er/developer's engineer(s) shall coordinate said improvements
with the City of Anaheim Electrical Engineering Division. The
property owner/developer's engineer(s) shall provide tract
maps, and precise grading plans with units plots, sewer and
water, storm drain and related information in a layered
AUTOCAD format in accordance with specifications on file with
the Electrical Engineering Division.
100. That, for Tracts-Electrical Underground and Street Light
Systems, the property owner/developer shall pay a
non-refundable fee as defined in the city Electrical
Engineering Construction Standards and in accordance with the
Electric Rates, Rules and Regulations for the installation of
underground cables, splices, transformers, residential
services and related labor and material to complete an
Underground Residential Distribution System in a
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developer-provided trench/conduit system. The fee and a bond
to secure installation will be paid to the City prior to
recordation of the large-lot or builder final tract or parcel
map, whichever occurs first.
101. That, for Tracts-Electrical Underground and Street Light
Systems, the property owner/developer shall provide and
install a City street light system as shown on the Underground
Residential Distribution System Drawings for each tract or
parcel map in accordance with the Electrical Specifications
for Street Light Systems. Street light installation on
private streets shall be installed in accordance with the
Public Works - Engineering Department's Standard Detail No.
122 for private streets.
102. That, for Tracts-Electrical Underground and Street Light
Systems, the Underground Residential Distribution System,
Street Light System, and related improvements shall be
installed as development occurs. Bonding for the required
facilities shall be provided in accordance with the City
Electrical Engineering Construction Standards.
103. That, for Tracts-Electrical Underground and Street Light
Systems, during the preparation phases of improvement plans
(streets, sewer and water, storm drain, tract, precise
grading, etc.) the property owner/developer's engineer(s)
shall coordinate said improvements with the City of Anaheim
Electrical Engineering Division. The property
owner/developer's engineer(s) shall provide tract maps, and
precise grading plans with units plots, sewer and water, storm
drain and related information in a layered AUTOCAD format in
accordance with specifications on file with the Electrical
Engineering Division.
104. That to the extent the property owner/developer may qualify
for reimbursement from other benefitted 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 69kV and 12kV underground line extensions, the
construction of underground communication systems and
dedication of a transmitter and receiver site, 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.
ENERGY CONSERVATION
105. That prior to issuance of building permits, all structures
shall comply with the California Energy Commission
conservation measures recommended for residential and
non-residential buildings and the standards outlined under
33
Title 24 of the California Administrative Code, as revised,
and adopted, by the California Energy Commission in 1991, to
become effective January 1, 1992, as hereinafter may be
amended. (4.12.1)
106. That the subdivision, architectural and landscaping design
plans for the project shall be designed to promote, to the
extent possible, opportunities for maximizing solar exposure,
shading and natural cooling (prevailing breezes), and solar
hot water heating either directly with system installation or
indirectly with provisions for accommodating future
retrofitting. Prior to approval of tentative tract or parcel
maps, Site Plans, or landscaping plans, the applicable plans
shall be submitted to the Electrical Engineering Division for
review and approval as to conformance with this condition.
107. That the property owner/developer shall instruct its
architect, engineers and landscape designers to consult with
the city of Anaheim Energy Services Division to incorporate
measures into the project design for shifting electrical loads
to off-peak times, to provide state of the art energy
efficient heating and air conditioning, to establish
landscaping intended to reduce electrical and water
consumption, and other mitigating measures to offset potential
impacts to the City electrical system; and, prior to the
approval of Site Plans, tentative tract or parcel maps, or
landscape plans, proof of compliance with this condition shall
be submitted to the Zoning Division, in the form of a memo
from the Energy Services Division.
108. That prior to the issuance of building permits, the property
owner/developer shall demonstrate to the Chief Building
official that the Southern California Gas Company, the Public
Utilities Department, Southern California Edison Company, and
the City of Anaheim Building Division have been consulted
during the building design phases for the purposes of
including energy conservation methods to the extent feasible.
That prior to the issuance of building permits, the property
owner/developer shall demonstrate to the satisfaction of the
Chief Building Official that the project has incorporated, to
the extent feasible, design requirements that include
landscaping for shade, using light colored roof and building
materials, and best available control technology for energy
use. Methods to be reviewed and incorporated, where feasible,
include, but are not limited to:
Improved thermal integrity of buildings, and
reduced thermal load with automated time clocks or
occupant sensors.
· Installation of glazed windows, wall insulation,
and efficient ventilation methods; window systems
to reduce thermal gain and loss.
34
Use of efficient heating and other appliances, such
as water heaters, cooking equipment, refrigerators,
furnaces and boiler units.
Incorporation of appropriate solar design and solar
heaters.
~ Use of fluorescent lamps for indoor lighting and
halogen lights for outdoor lighting.
Use of waste heat in non-residential buildings.
Installation of low- and medium-static pressure
terminals in air distribution systems.
Cascading of ventilation air from high priority
(occupied spaces) areas to low priority (corridors,
equipment and mechanical spaces) areas before being
exhausted.
Ensuring proper sealing of all facilities, where
applicable.
~ Designing facility entrances with vestibules, where
possible.
~ Installing individually controlled light switches
and thermostats to permit individual adjustments.
~ Controlling mechanical systems or equipment with
time clocks or computer systems.
Finishing exterior walls of buildings with light
colored materials to increase heat retention in
buildings. (4.12.2) (4.10.14)
STREET MAINTENANCE/SOLID WASTE
109. That prior to the approval of a large-lot tentative tract or
parcel map or builder tentative tract or parcel map, whichever
occurs first, for Commercial Development Areas 22, 23, 24, or
25 in Phase I of the project (as shown on Exhibit 28 of the
Specific Plan document), the property owner/developer shall
select a site for a City Maintenance Facility, to be approved
by the Director of Maintenance. The site shall be five acres
of unencumbered, usable land provided at no cost to the city.
Furthermore, prior to any of the approvals listed above, the
property owner/developer, shall enter into an agreement with
the Department of Maintenance to provide a proportionate share
of the cost to secure and grade level the site and develop the
City Maintenance Facility on the site. Site improvements
shall include paving, fuel islands, security fencing,
lighting, block storage bins, equipment washdown facility,
storage building office, shops and fleet repair facility. The
site shall include a street sweeping transfer station which
includes a roofed washdown area on a concrete slab.
Development and building costs shall not exceed $2.7 million
based on 1991 dollars, subject to adjustment only in
accordance with the Engineering News Record Construction Cost
Index for the facility and the Consumer Price Index for
equipment. The land value shall not be included as part of
the $2.7 million cost. The cost for construction of
35
facilities needed on the site shall be shared with the
proposed Cypress Canyon Development on an equitable basis;
however, if the Cypress Canyon project area is not
annexed to the City of Anaheim and constructed with uses
requiring the service of the maintenance facility site, the
Mountain Park property owner/developer shall be responsible
for securing, grading and constructing the maintenance
facility site. The Mountain Park property owner/developer may
petition the City Council to establish a reimbursement
agreement or benefit district to include other unincorporated
properties within Anaheim's sphere-of-influence which may
benefit from this facility. Costs associated with the
establishment of any such districts shall be at the expense of
the property owner/developer. Written proof of said agreement
shall be furnished to the Planning Department and the
Maintenance Department and shall be subject to approval by the
Department of Maintenance and the city Attorney's Office.
110. That prior to the approval of the first large-lot or builder
final tract or parcel map adjacent to the approved maintenance
facility site, whichever occurs first, the property
owner/developer shall provide an irrevocable offer of
dedication in fee title of the approved maintenance facility
site.
111. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation Division and
in accordance with specifications on file with said
division.
112. That prior to recordation of each final tract or parcel map,
the property owner/developer shall record a covenant in a form
approved by the City Attorney requiring the seller to provide
purchaser and/or renter of each dwelling unit with written
information concerning Anaheim Municipal Code Section
14.32.500, "Parking Restricted to Facilitate Street Sweeping."
Such written information shall clearly indicate when on-street
parking is prohibited and the penalty for violation.
113. That trash storage areas shall be provided and maintained in
a location acceptable to the Street Maintenance and Sanitation
Division and in accordance with approved plans on file with
said division. If garages are intended to be used to store
trash containers, then the garage area shall be larger than
20' x 20' to accommodate two cars and the trash containers.
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.
36
114. That prior to the approval of any Site Plans, a Solid Waste
Management Plan with recycling capabilities shall be approved
by the Director of Maintenance. Refuse collection and
disposal for the Mountain Park Development will comply with AB
939, the County of Orange Integrated Waste Management Plan and
the City of Anaheim Integrated Waste Management Plan,
administered by the City Department of Maintenance. Upon
occupancy of the project, implementation of said plans shall
commence and shall remain in full effect as required by the
Maintenance Division. (4.13.11)
SEWERS
115. That prior to approval of the first large-lot or builder final
tract or parcel map or mass grading plan, whichever occurs
first, the property owner/developer shall submit a Master
Sewer Improvement Plan to the City Engineer for review and
approval. The plan shall include:
a. Sewer layout
b. Sewer size, including supporting calculations
c. Sewer construction phasing
d. Mitigation Measure Compliance Report indicating
compliance with mitigation measures set forth in FEIR No.
302
116.*That prior to approval of each large-lot or builder
final tract or parcel map, whichever occurs first, the
developer shall pay the appropriate sewer assessment fee as
established by City Council Resolution. (4.13.15)
117. 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 Public Works-Engineering Department.
118. That the property owner/developer shall be financially
responsible for the following sanitary sewer-related items:
(a) The acquisition of any required permits, rights-of-way
and environmental assessments;
37
(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; and
(¢) The formation of a Special Maintenance District, or other
financial mechanism acceptable to and approved by the
City of Anaheim, for maintenance of any lift station,
force main and sewer lines in private streets which shall
be established at the expense of the property
owner/developer.
119. That prior to issuance of each building permit, the property
owner/developer shall pay fees for sewer service to the Orange
County Sanitation District. (4.13.15)
HABITAT ENHANCEMENT
120. That prior to approval of the first large-lot tentative tract
or parcel map, the property owner/developer shall submit a
program to the Planning Commission for review and approval to
provide for the phased dedioation of all of Open Space Areas
31 and 32 (totalling 1,297 acres) within Gypsum Canyon, the
off-site 1,414 acre Weir Canyon open space dedication area and
the off-site 82-acre Windy Ridge dedication area for habitat
preservation purposes and educational/passive recreational
uses consistent with habitat conservation. The dedication
program will take into account the environmental
considerations of the Eastern Transportation Corridor. The
property owner/developer shall be responsible for maintaining
these open space areas which are proposed to be dedicated
until the areas are actually conveyed to a public agency or
n o n - p r o f i t e n t i t y
(4.1.3) (4.1.4) (4.4.1a) (4.4.1.b) (4.4.1.¢) (4.4.1.d)
121. Prior to the recordation of an offer of dedication for any
portion of Open Space Area 31 and the 82-acre Windy Ridge
Area, the property owner/developer shall submit a Resource
Management Plan for Open Space Area 31 and the 82-acre Windy
Ridge Area to the Planning Department and Parks, Recreation
and Community Services Department for review and approval.
The property owner/developer shall pay for all costs (time and
materials at a rate established by City Council Resolution)
associated with the City's review and monitoring of any
requirements imposed as a result of the Resource Management
Plan for the project and adjacent areas. The Resource
Management Program shall be prepared in accordance with the
mitigation measures identified in FEIR No. 302, including a
Mitigation Measure Compliance Report showing compliance with
said mitigation measures, and may be prepared in association
with resource management programs for the adjoining Coal
Canyon Teoate Cypress preservation area. (4.4.~.e) (4.4.3.1)
38
122. That prior to the issuance of the first mass grading permit,
the property/owner developer shall submit proof satisfactory
to the Planning Director in the form of a letter that grazing
activities have ceased on-site and in the Weir Canyon Open
Space area. (4.4.2.a)
123. That prior to issuance of grading permits for areas including
coastal sage scrub, the property owner/developer shall submit
to the Planning and Public Works-Engineering Departments for
review and approval, a coastal sage scrub revegetation program
consisting of a one time planting and/or reseeding of graded
slopes within the project grading area which are adjacent to
preserved Open Space Area 31. The revegetation program will
be prepared by a qualified professional experienced in
revegetation of native plant communities. Copies of the
revegetation plans shall be provided to groups and agencies
that commented on biology issues in the FEIR at the same time
as provided to the City. The groups shall have 30 days to
review the revegetation plans and comment to the City prior to
City approval. The coastal sage scrub revegetation program
shall be prepared in compliance with mitigation measures
identified in FEIR No. 302 and listed as part of this
condition and a Mitigation Monitoring Report showing
compliance with said mitigation measures shall be included as
part of the program. (4.4.2.b)
124. That prior to issuance of the first grading permit, a coastal
sage scrub enhancement program shall be submitted for review
and approval by the Planning Department. The enhancement
program shall be prepared by a qualified professional
experienced in enhancement of native plant communities. The
program shall be prepared in compliance with mitigation
measures identified in FEIR No. 302 and listed as part of this
condition and a Mitfgation Measure Compliance Report shall be
included as part of the program. (4.4.2.c)
125. That prior to issuance of the first grading permit, an Oak
Woodland Habitat Enhancement and Long-Term Regeneration Plan
to be implemented within the Weir Canyon Dedication Area shall
be submitted to the Planning Department for review and
approval. The plan shall be prepared in compliance with
mitigation measures identified in FEIR No. 302 and listed as
part of this condition and a Mitigation Measure Compliance
Report shall be included as part of the plan. The
revegetationplans will be prepared by a qualified professional
experienced in revegetation of native plant communities.
Copies of the plans shall be provided to groups and agencies
that commented on biology issues in the FEIR at the same time
as provided to the City. The groups shall have 30 days to
review the revegetation plans and comment to the City prior to
City approval. (4.4.2.d)
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126. That prior to the issuance of grading permits affecting
wetlands, all permits/agreements shall be obtained, consistent
with the Clean Water Act Section 404 and Fish and Game Code
Section 1601 and 1603 provisions. (4.4.2.e)
127. That prior to issuance of grading permits, the property
owner/developer shall submit a report bya qualified botanist
indicating whether many-stemmed dudleya are located within the
boundaries of the grading plan. If many-stemmed dudleya are
present, the property owner/developer shall implement a
one-time relocation program for all identified many-stemmed
dudleya populations within the limits of grading. The program
shall be submitted to the Planning Department for review and
approval and shall be established in compliance with all
applicable mitigation measures identified in EIR No. 302 and
shall include a Mitigation Compliance Report. The one-time
relocation shall be conducted bya qualified botanist familiar
with successful techniques for relocation of this species.
Impacted populations of many-stemmed dudleya will be relocated
to suitable areas through a program of seed propagation and/or
corm relocation. Evidence that the relocation program has
been implemented must be submitted to the Planning Department
within 30 days of completion of the relocation work. The
property owner/developer shall be financially
responsible for preparation of a monitoring report showing the
results of the program. The report shall be prepared by a
qualified botanist familiar with successful techniques for
relocation of the species and shall be submitted to the City
on an annual basis for three years. (4.4.2.f)
128. That prior to the submittal of large-lot or builder tentative
tract or parcel maps or grading plans, whichever occurs first,
the property owner/developer shall submit a report prepared by
a qualified bat expert indicating whether any bats are located
within the boundaries of the subdivision map or grading plan.
Prior to submittal of the first tentative tract or parcel map
or grading plan, whichever occurs first, in areas where bats
are located, additional bat studies shall be conducted by
qualified bat experts and submitted for review and approvalby
the Planning Department in compliance with mitigation measures
identified in EIR No. 302 and listed as part of this
condition. (4.4.2i)
129. That a qualified biological monitor shall be present at any
pre-grade conference, during any mass grading operations that
are in or adjacent to areas where natural vegetation is to be
preserved, and periodically during construction, to ensure
that sensitive resources designated for preservation are
properly protected. Proof in the form of a letter shall be
submitted to the Planning Department on a monthly basis to
indicate compliance with this mitigation measure. (4.4.3.a)
40
130. That prior to issuance of gradingpermits, grading plans shall
be submitted to the Planning Department for review to ensure
that removal of native vegetation in designated open space
areas will be limited to the minimum required for
construction. (4.4.3.b)
131. That prior to issuance of grading permits within or adjacent
to Open Space Area 31, storage, staging and access routes for
any equipment in or adjacent to Open Space Area 31 shall be
selected in consultation with a qualified biological monitor
and the Public Works-Engineering and Planning Departments.
(4.4.3.c)
132. That during construction, natural habitats designated for
preservation that are adjacent to grading areas shall be
temporarily fenced off or otherwise protected, to prevent
grading, or storage of heavy equipment or building materials
in these habitats. Proof in the form of a letter, pictures
and location map of the site shall be submitted to the Public
Works-Engineering Department. The on-site engineering
inspector shall periodically verify compliance with this
condition. (4.4.3.d)
133. That construction or entry in designated preservation areas
shall be prohibited except for necessary construction related
activities, such as surveying. (4.4.3.e)
134. That during the nesting/breeding season (February through
July), the on-site biological monitor shall report to the City
and the developer any nesting by birds protected by the
Migratory Bird Treaty Act, that is observed in areas to be
cleared. Removal of observed nests shall only be done in
compliance with the Federal Migratory Bird Treaty Act.
(4.4.3 .g)
135. That where cut and fill slopes encroach on wetland habitats in
the remedial grading areas, the slope angles should be
designed to be as steep as feasible to minimize lateral
encroachment. Plans showing slope angles for affected areas
shall be submitted to the Public Works Engineering Department
for review and approval prior to issuance of grading permits.
(4.4.3.h)
136. That hazardous materials on the project site shall be
controlled during construction. All hazardous materials,
including engine fluids, shall be disposed of properly. The
property owner/developer shall immediately notify the Fire
Department of any spills of hazardous materials and shall have
such spills promptly and completely cleaned up. City
inspectors shall periodically check for compliance with this
condition. (4.4.3.1)
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137. That prior to the approval of Site Plans adjacent or in the
vicinity of open space areas, plans shall be submitted to show
the location of all on-site lighting fixtures. To the extent
feasible, all street, security and landscape lighting shall be
designed and installed such that it is not directed primarily
to any natural open space areas. Restrictions for privately
installed lighting adjacent to open space areas shall be
included in any CC&Rs. (4.4.3.k)
138. That first time homebuyers shall be clearly advised in writing
with a statement by the developer, or agents and assigns, of
the implications of living adjacent to natural open space
areas prior to any sales transaction. This statement shall
include items such as: a warning about the dangers and
nuisances posedbywildlife that may forage in the development
edge; the responsibilities and benefits which are associated
with living near such an area; fire related management and the
potential need to conduct controlled burns. This statement
shall be written to foster an appreciation of wildlife and to
identify measures which shall be taken to minimize conflicts
between wildlife, domestic animals and humans. The statement
shall be reviewed and approved bythe Planning Director prior
to the issuance of building permits. (4.4.3.m)
PARKS
139. That prior to approval of large-lot tentative tract or parcel
maps for each of Development Areas 4, 19 and 20, park acreage
and boundaries shall be established and approved by the
Anaheim Parks, Recreation and Community Services Department
( "APRCSD"). (4.13.5)
140. That prior to or concurrent with recordation of the final
large-lot tract or parcel map whichever occurs first, for each
of Development Areas 4, 19 and 20, the property
owner/developer shall comply with the City's park dedication
ordinance to the satisfaction of APRCSD. (4.13.6)
141. That satisfaction of the park ordinance will be met by the
dedication and development of three (3) neighborhood and two
(2) community parks as specified in the Specific Plan with
vehicular and pedestrian access to each park approved by
APRCSD and the Traffic Engineering Division. At least 50% of
each park boundary shall have direct street frontage unless
otherwise approved by APRCSD.
142. That the Specific Plan sets forth the riding and hiking trail
alignments. Any variation from that plan shall require
approval of APRCSD. 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 to the satisfaction of APRCSD.
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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
equestrian and hiking trail(s) within that tract or parcel map
to the APRCSD for final review and approval. The property
owner/developer shall dedicate and construct the trails
(including trail access points, signage, furnishings and other
related features) in accordance with Specific Plan and/or City
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.
143. That all park sites shall be developed in accordance with
APRCSD standards, the Specific Plan and the City's Park
Dedication Ordinance (including local park site criteria), and
will be subject to APRCSD approval.
144. That specific facilities for each park and park type will be
determined through the park master plan processes conducted by
the Parks, Recreation and Community Services Department.
145. That prior to the approval of the first large-lot tentative
tract or parcel map, whichever occurs first, in the project,
the property owner/developer shall irrevocably offer for
dedication to the City the Center Hill Park (Area 30). In
accordance with Condition No. 156, the property
owner/developer shall develop the Center Hill in accordance
with a master plan for the facility as developed by the
property owner/developer and approved by APRCSD and Police and
Fire Departments. The Master Plan shall address, at a
minimum, all weather maintenance roads, landscaping
enhancements and trails. Prior to City acceptance of the
Center Hill Park (Open Space Area 30), the property
owner/developer shall establish a financial mechanism
acceptable to the City to provide for the maintenance of said
park. Subject to Planning Department approval, the
irrevocable offers of dedication will take into account the
environmental consideration of the Eastern Transportation
Corridor. Any modification in the timing of dedication shall
be subject to the approval of the City Council.
146. 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 all
City requirements.
147. That the Parks, Recreation and Community Services Department
shall have approval over the following:
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(a) Approval of Landscape Architect and other consultants
used to design the park and prepare the construction
documents;
(b) Approval of Master Plan, schematic plans, preliminary
plans and final plans, specifications, cost estimates and
other construction documents; and,
(c) Approval of all project materials and products used in
constructing the park and the right of inspection by City
staff at property owner/developer's cost.
148. That the property owner/developer shall also provide the
consultant(s) who prepared construction documents for
construction observation to ensure the project is constructed
as intended.
149. That no portion of the Four Corners Pipeline Easement shall be
located under any park acreage.
150. That other than Open Space Area 30, the dedicated park sites
shall be graded flat with an average slope of 2%, and no
slopes greater than 5% will be contained on the sites or be
accepted for City maintenance. Variation from these standards
may be approved by the APRCSD based on grading, aesthetics,
drainage and the City-approved Park Site Master Plans.
151. That prior to approval of the first large-lot or builder
tentative tract or parcel map, whichever occurs first, a
financial mechanism acceptable to the City shall be
established to provide for the maintenance of all project
riding and hiking trails.
152. All dedicated properties shall be free of encumbrances or
easements unless otherwise acceptable to the APRCSD. Before
the dedication of any park is accepted by the City, a Title
Report for that park must be provided to and approved by the
City.
153. 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 APRCSD.
154. That the property owner/developer shall construct a 10,000
square-foot community center (including building, parking,
landscaping, exterior lighting, patios, and building
furnishings) at a cost not to exceed $1.83 million in 1991
dollars within the Development Area 10 park. An escalator
clause consistent with the Construction Price Index shall
44
increase the value of the 1991 figure until the actual
construction project is awarded. If the Cypress Canyon
project proceeds, and is so conditioned, it may participate on
a fair share basis in the additional (1.4-acre minimum) land
and construction cost of the 10,000 square foot facility. The
improvement shall be secured by a performance bond, letter of
credit, or other form of security approved by APRCSD prior to
the approval of the first large-lot or builder tentative tract
or parcel map, whichever occurs first.
155. That the property owner/developer shall provide $100,000,
secured by a performance bond, letter of credit, or other form
of security in a form approved by the City prior to the
approval of the first large-lot or builder tentative tract or
parcel map, whichever occurs first, towards the construction
of a new community center in Anaheim's existing Hill and
Canyon Area or, if determined by APRCSD with community input
to be more beneficial, the community center in Mountain Park.
If used for the Mountain Park community center, these funds
shall be in addition to that required by Condition No. 154.
If the funds are not used for the Mountain Park community
center, then the funds will be made available to the City at
the time the construction contract is let by the City for the
designated facility. The City shall provide a demand letter
at the start of construction of the designated facility at
which point the property owner/developer shall issue funds to
pay the first $100,000 of invoices as they are received.
156. Prior to the approval of Development Area Plans for
Development Areas 4, 19 and 20, the location and boundaries of
park sites shall be identified. Said parks shall be subject
to the review and approval of APRCSD. Prior to the approval
of the first large-lot or builder final tract or parcel map in
the Development Area, whichever occurs first, park sites shall
be irrevocably offered for dedication to the City of Anaheim.
The timing and construction of the park facilities shall be
determined through a separate written agreement developed
between APRCSD and the property owner/developer prior to the
approval of the first large-lot tentative tract or parcel map,
whichever occurs first. It will be the intent of the
agreement to insure that each park facility is completed when
50% of the certificates of occupancy are issued for the
residential development service area in which each park
facility is located, unless otherwise approved in writing by
APRCSD and the property owner/developer.
157. That the written agreement shall also specify that at the
beginning of the master plan process, APRCSD and the property
owner/developer shall agree on a budget for park construction
which will be consistent with the amount of park development
costs as stated in the city's Park Dedication Ordinance in
effect at the time and with other comparable parks within the
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city. The property owner/developer shall construct the parks
based upon the master plan for each park, as approved by the
city's Park and Recreation Commission.
158. That inasmuch as the City intends to coordinate with OUSD the
use of a portion of the high school play fields for community
recreation uses, and has included the OUSD site as a portion
of the open space/recreational area serving the community, and
inasmuch as the high school site is zoned for public school
and park purposes, that if the high school site is not
developed, then for a period of one year from the date that
the City is notified in writing by the property
owner/developer that OUSD does not intend to develop the high
school site, in addition to any rights the City may otherwise
have to acquire the property, the City shall have first right
of refusal to acquire a minimum flat ten (10) acre portion of
the high school site to add to the development of the proposed
community park. That prior to approval of the first large-lot
or builder tentative tract or parcel map within each phase or
within 30 days of being notified by OUSD, whichever occurs
first, the property owner/developer shall notify APRCSD
whether OUSD intends to develop a high school site in the
currently designated location.
POLICE
159. That pursuant to Resolution No. 89-234 adopting the Police
Protection Facilities Plan for the East Santa Ana Canyon Area
of Benefit, as may hereinafter be amended, the property
owner/developer will participate in the funding of the
construction of the proposed Dream Street Police Substation.
Unless a Development Agreement specifies otherwise, fees shall
be paid prior to the approval of each final tract or parcel
map or prior to issuance of a building permit where no
subdivision is involved. (4.13.7)
160. 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 Police Department agreeing to pay fees for a total 7,966
dwelling units and 179 commercial acres in accordance with the
Police Protection Facilities Plan for the East Santa Ana
Canyon Area of Benefit in order to ensure that full payment is
made to the City in this regard. Written proof of the Police
Substation Agreement shall be furnished to the Planning and
Police Departments and shall be subject to the approval by the
Police Department and the City Attorney's Office.
LIBRARY
161. That pursuant to Resolution No. 89R-235 adopting the Public
Library Facilities Plan for the East Santa Ana Canyon area, as
46
may hereinafter be amended, the property owner/developer will
participate in the funding of the construction of the proposed
library facility in the East Hills Planned Community. Unless
a Development Agreement specifies otherwise, fees shall be
paid prior to approval of any final tract or parcel map, or
prior to issuance of a buildingpermit where no subdivision is
involved. (4.13.10)
162. 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 total 7,966
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 Library Departments and shall be subject to
the approval by the Library Department and the city Attorney's
Office.
SCHOOLS
163. 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 April 25, 1991, between the
Irvine Company and the Orange Unified School District or any
subsequent agreement entered into between the property
owner/developer and the Orange Unified School District.
164. That in connection with the approval of large-lot or builder
tentative tract or parcel maps, whichever occurs first, for a
Development Area which contains a school site, school sites
shall be identified. Further, until such time as OUSD
acquires the school site, the property owner/developer shall
be responsible for maintenance of the site, including
installation and maintenance of a landscaped buffer area along
the boundaries of the site abutting any roadway. Plans for
said landscaped areas shall be reviewed and approved by the
Planning Commission and shall be prepared and processed in
accordance with Condition No. 61 under the "LANDSCAPING"
section herein.
165. That prior to issuance of each building permit, the property
owner/developer shall pay fees or provide other mechanisms
acceptable to OUSD for acquisition and construction of
proposed school sites consistent with State law to the Orange
Unified School District. (4.13.16)
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166. That the Orange Unified School District shall be encouraged to
consider the following criteria to reduce vehicular emissions
during final design of the high school: preferential parking
for HOVs; park and ride lots; and pedestrian, bicycle and bus
access. Parking lot fees shall also be considered by the
District prior to opening the lots for operation. (4.10.12)
167. 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. (4.10.13)
FIRE
168.*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 may be obtained from the Fire
Department.
169.*That prior to issuance of building permits, all
requirements of Fire Zone 4, otherwise identified as Fire
Administrative Order No. 76-01, shall be met. Such
requirements include, but are not limited to: chimney spark
arrestors, protected attic and under floor openings, Class C
or better roofing material and one hour fire resistive
construction of horizontal surfaces if located within two
hundred (200) feet of adjacent brushland.
170.*That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as required
and approved by the Fire Department.
171.*That fire sprinklers shall be installed as required by
the Fire Department. All structures regardless of occupancy
classification are required to be fire sprinklered (Ordinance
No. 4999).
172.*That where required and approved by the Fire Department,
adequate, unobstructed fire truck turn-around areas, shall be
specifically 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, must be provided with unobstructed fire truck
turn-a-round areas.
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173. That a Class I standpipe shall be installed as required by the
Fire Department for all buildings in excess of three stories
as defined by the Uniform Building Code.
174. That a local fire alarm system shall be installed for
commercial buildings as required by the Uniform Building and
Fire Codes. Manual alarm pulls may be omitted from
residential buildings only.
175. That prior to the approval of on-site water plans, unless each
commercial building is initially connected to separate fire
services, an unsubordinated covenant satisfactory to the city
Attorney's office shall be recorded prohibiting any individual
sale of buildings until separate fire services are installed.
176. That prior to the approval of each tentative tract or parcel
map, the property owner/developer shall submit a fire access
plan to the Fire Department for review and approval to ensure
that service to the tract or parcel map from Fire Station No.
10 is in accordance with Fire Department service requirements
or that the appropriate temporary or permanent fire service
facilities are in place to service the site. Said plan shall
include detailed design plans for accessibility of emergency
fire equipment, fire hydrant location and any other
construction features required by the Fire Marshal. The
property owner/developer shall be responsible for securing
temporary or permanent facilities acceptable to the Fire
Department. Unless required at an earlier time by the Fire
Department, the property owner/developer shall provide
temporary fire facilities on-site prior to the issuance of the
first building permit for Phase II. (4.13.9)
177. 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.
178.*That prior to the placement of building materials on the
building site, an all weather driving surface must be provided
from the roadway system to and on the construction site.
Every building constructed must be accessible to Fire
Department apparatus. The width and radius of the driving
surface must meet the requirements of Section 10.207(a) of the
Uniform Fire Code as adopted by the City of Anaheim.
179. That prior to the approval of the first large-lot tentative
tract or parcel map or builder tentative tract or parcel map,
whichever occurs first, in Phase I of the project (as shown on
Exhibit 28 of the Specific Plan document), the property
owner/developer shall enter into an agreement with the Fire
Department to pay fees or otherwise provide a proportionate
share of the cost to secure, grade, and construct a new fire
49
station facility in the project vicinity. Unless requiredby
the Fire Department at an earlier time, the permanent fire
station site shall be identified either on-site or off-site in
the Cypress Canyon development and approved by the Fire
Department prior to the issuance of the first building permit
in Phase II of the Mountain Park development and constructed
prior to the completion of Phase II or issuance of the first
building permit in Phase III, whichever occurs first, or as
otherwise required earlier by the Fire Department. In
addition,
A. The property owner/developer shall also be responsible
for paying fees or otherwise providing a proportionate
share of the purchase cost of all fire apparatus, fully
equipped to the City's specifications, to adequately
serve the project site, as determined by the Fire
Department.
B. The site shall be one acre of unencumbered, usable land
provided at no cost to the City. The cost for provision
of the site and apparatus and construction of facilities
needed on the site shall be shared with the proposed
Cypress Canyon Development on an equitable basis.
C. The site is currently proposed within the Cypress Canyon
development; however, if the Cypress Canyon project area
is not annexed to the City of Anaheim and constructed
with uses requiring the service of the fire station site,
or if the Fire Department determines that the fire
station site is needed to serve the Mountain Park
development prior to the commencement of the Cypress
Canyon project, the Mountain Park property
owner/developer shall be responsible for securing,
grading, constructing and providing for an on-site fire
station site acceptable to the Fire Department. The
Mountain Park property owner/developer may petition the
City Council to establish a reimbursement agreement or
benefit district to include other areas of benefit.
Costs associated with the establishment of any such
districts shall be at the expense of the property
owner/developer.
D. Written proof of the Fire Station Agreement shall be
furnished to the Planning Department and the Fire
Department and shall be subject to approval by the Fire
Department and the City Attorney's Office. (4.13.8)
AESTHETIC/VISUAL
180. That prior to approval of the first large-lot tentative tract
or parcel map for Development Areas l, 4, 22, 25 and 27, the
property owner/developer shall prepare a
5O
coordinated/comprehensive visual impact assessment which
presents the information as applicable to the project on page
A-13-1 (Appendix B of the EIR) of the County Transportation
Element. This information shall also indicate how the
Landscape Program of the Mountain Park Specific Plan for the
Commercial Areas and Freeway Buffer Zone is used to visually
enhance the SR-91 Freeway and shall include, at a minimum,
renderings from two off-site vantages set along the $R-91
Freeway (i.e., both east and west of the project site). This
assessment shall be submitted to the County of Orange and
Caltrans for a 30-day comment period and shall be subject to
the review and approval by the City of Anaheim Planning
Director. (4.8.3)
AIR QUALITY
181. That all construction equipment will be maintained in good
operating condition so as to reduce operational emissions.
The property owner/developer shall submit to the Public Works
- Engineering Department proof in the form of a letter, on a
bi-annual basis, indicating that all construction equipment is
being properly serviced and maintained. (4.10.2)
182. That prior to issuance of a grading permit, the property
owner/developer shall submit a construction traffic plan to
the City Traffic and Transportation Manager for approval which
demonstrates that short-term traffic congestion related to
construction is reduced to the maximum extent feasible.
(4 .lO .3)
183. That the property owner/developer shall incorporate low
emission paints and coatings in the design and construction of
all buildings. Prior to issuance of building permits, the
property owner/developer shall submit evidence to the Chief
Building Official that these materials are utilized in the
project design, where feasible. This information shall be
denoted on the project plans and specifications. (4.10.4)
184. That the property owner/developer will make available to the
Orange County Transportation Authority (OCTA) up to two (2)
acres for a park and ride facility in any one of the
following: Development Areas 1, 22, 23, 24 or 25. The size of
the park and ride facility will be based upon projected usage.
The facility site will be identified in conjunction with the
first site plan for Development Areas 1, 22, 23, 24 or 25.
The facility site will be made available to the OCTA in
conjunction with the first building permit for the development
area in which the site is located with the provision that the
OCTA acquire the site and construct the park and ride facility
within five (5) years. Any alternative use of the site shall
be subject to the review and approval of the Planning
51
Commission in accordance with the provisions of the Specific
Plan. (4.10.6)
185. That the property owner/developer shall encourage future
residents of Mountain Park to utilize public transportation,
to participate in car and vanpools, and to utilize
telecommuting by providing information on public
transportation, carpool formation assistance, and other trip
reduction methods in homeowners packets provided to all new
home purchasers and renters. The packet will include a
telephone number which provides access to a trained
Transportation Coordinator to provide individual assistance.
This information shall be provided to the City Traffic and
Transportation Manager for review and approval prior to
issuance of the first certificate of occupancy. (4.10.7)
186. That prior to issuance of the first certificate of occupancy
in commercial development areas, the property owner/developer
shall enter into an agreement with the Public
Works-Engineering Department to provide transportation
management coordination assistance to employers and employees
within the Commercial Development areas. This assistance
shall include help in forming a Transportation Management
Association (TMA) of local employers. The timing for
implementing this condition shall be set forth in the
agreement. The property owner/developer shall provide
quarterly reports to the Traffic and Transportation Manager
and the Planning Director regarding the status of
implementation of the TMA. Written proof of this agreement
shall be furnished to the Public
Works-Engineering and Planning Departments and shall be
subject to the approval of the Public Works-Engineering
Department and the City Attorney's office. (4.10.8)
187. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, the property
owner/developer shall prepare a coordinated study to examine
methods of implementing a Transportation Systems Management
program in accordance with the City of Anaheim's
Transportation Demand Ordinance No. 5209 and Resolution No.
91-R-89, with specific guidelines indicating strategies to
reduce the amount of trips and increase the amount of
non-vehicular transportation. Strategies may include transit
service, park and ride turnouts, carpool and vanpool
facilities, bikeways, and other transportation demand
strategies applicable to the development site. Prior to
approval of the first large-lot or builder final tract or
parcel map, whichever occurs first, for each phase, the
property owner/developer shall prepare site plans and
improvement plans which incorporate transit improvements, such
as bus turn-out pockets, passenger waiting areas and
pedestrian accessways, to encourage transit usage, to the
52
satisfaction of the City Traffic Engineering Division. In
preparing such plans, the applicant shall demonstrate
compliance with Orange County Transit District (OCTD)
standards and demonstrate that OCTD has provided input into
plan formulation. (4.10.5) (4.10.9)
188. That prior to approval of each large-lot or builder tentative
tract or parcel map, whichever occurs first, the property
owner/developer shall demonstrate to the Public
Works-Engineering and Planning Departments compliance with a
City Air Quality Element, if one has been adopted at the time
of the filing of said map. (4.10.10)
189. That all equipment within the project site that is regulated
by the SCAQMD will comply with all requirements of the
District, including use of Best Available Control Technology.
All future occupants who require District permits will provide
documentation to the City of compliance with District
regulations prior to issuance of building and/or occupancy
permits. Prior to submittal of any conditional use permit for
the sand and gravel operation, proof shall be provided to the
Planning Department that the SCAQMD has reviewed the expansion
plans and that said plans comply with all requirements of the
District, including use of Best Available Control Technology.
(4.10.15)
NOISE
190. That no outdoor living areas will be subjected to CNEL levels
greater than 65 dBA. Appropriate mitigation (i.e., setbacks,
walls, and/or berming) will be implemented as necessary
(including potential mitigation for noise impacts resulting
from operation of the sand and gravel facility) to meet this
requirement. A preliminary noise study which delineates
specific setbacks, walls, and/or betming if required, to
adequately mitigate outdoor living areas shall be submitted to
the Planning Department for review and approval prior to
approval of tentative tract or parcel maps for single-family
detached and paired homes and prior to approval of Site Plans
for single-family attached and multifamily homes. (4.11.2)
191. That a preliminary noise study which delineates building
design specifications for appropriate outdoor to indoor noise
attenuation (to a level less than or equal to 45 CNEL) shall
be submitted to the Planning Department prior to review and
approval of tentative tract or parcel maps for single-family
detached and paired homes and prior to approval of Site Plans
for single-family attached and multifamily homes. (4.11.3)
192.*That prior to issuance of building permits, the
property owner/developer shall present evidence satisfactory
to the Building Division that each portion of the proposed
53
project is in conformance with Council Policy Number 542,
"Sound Attenuation in Residential Projects" and with Noise
Insulation Standards specified in the California
Administrative Code, Title 25. (4.11.4)
193. That construction activities shall be limited to normal
daytime hours in accordance with the City of Anaheim Noise
Ordinance. All construction equipment shall be equipped with
properly operating and maintained mufflers. In order to
control construction noise impacts, the contractor(s) of the
area under construction shall comply with the City of Anaheim
Noise Ordinances in effect at the time of construction.
(4.11.1)
TRAFFIC/STREET IMPROVEMENTS
194. That prior to approval of the first large-lot or builder
tentative tract map or parcel map for each phase or the mass
grading plan for the phase (whichever occurs first), the
property owner/developer shall submit a circulation plan,
including a construction access plan, for the phase. The plan
shall be reviewed and approved by the Deputy City Engineer,
the Traffic and Transportation Manager and the Fire Marshal.
The plan shall also be submitted for review and comment
by Caltrans for the portion of the plan involving
Caltrans facilities. The plan shall include the
following items:
a. Phasing of roadway construction, specifying which roads
will be constructed as backbone streets and which roads
will be constructed with tract development;
b. Phasing of traffic signalization; and
c. Transportation demand management program. (4.9.5)
195. That in connection with the submittal of each large-lot or
builder tentative tract or parcel map, whichever occurs first,
the property owner/developer shall submit a traffic phasing
plan, including traffic signal warrants to assess the traffic
level associated with the proposed number of units and product
types for said map, and verify that the circulation
improvements identified in FEIR No. 302 mitigation measures
and/or conditions on the Specific Plan for the appropriate
phase are adequate, so that the level of service following
said improvements is not worse than LOS D as measured by the
City of Anaheim. The traffic phasing plan shall be subject to
the review and approval of the city Traffic and Transportation
Manager. Any additional mitigation measures/improvements
identified as part of said plan shall be the responsibility of
the property owner/developer. (4.9.3)
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196.*That prior to issuance of each building permit, the
appropriate Eastern Transportation Corridor Major Thoroughfare
and Bridge fee shall be paid to the City of Anaheim in the
amount(s) determined by City Council Resolution No. 89R-440
and the Foothill/Eastern Transportation Corridors Agency
Resolution No. F91-01. (Consistent with directives of the
Transportation Corridor Agencies, fees may be reduced in
consideration of appropriate credits accrued for right-of-way
dedication, improvements and/or grading.) (4.9.1)
197. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, all necessary
Master Plan of Arterial Highway (MPAH) amendments shall be
initiated/in process, and the legal owner of the property
shall irrevocably offer to dedicate to the City of Anaheim the
full rights-of-way for all City Circulation Element-designated
arterials listed in and consistent with Condition No. 4.
(4.9.2) (4.9.3)
198.*That prior to issuance of each building permit, the
Santiago Canyon Road Major Thoroughfare and Bridge fee shall
be paid in the amount(s) determined by Orange County Board of
Supervisors Resolution No. 90-986 as confirmed in writing from
the County of Orange. (4.9.9).
199.*That prior to issuance of each building permit, the
appropriate traffic signal assessment fee shall be paid to the
City of Anaheim in the amount(s) determined by city Council
Resolution No. 90R-198.
200. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase I,
traffic signals shall be designed and bonded for construction
(construction timing per traffic phasing plan prepared for and
approved by the city Engineer or designate) at Gypsum Canyon
Road/SR-91 westbound ramps, Gypsum Canyon Road/Santa Aria
Canyon Road, and Gypsum Canyon Road/SR-91 eastbound ramps.
The traffic signal design shall be planned to allow for
ultimate widening of these roadways. (4.9.3) (4.9.8)
201. That prior to approval of the first large-lot or builder
tentative tract or parcel map, or grading plan, whichever
occurs first, for Phase I, a construction contract shall have
been awarded for the State Route SR-91 commuter lanes/high
occupancy vehicle lanes (i.e., four new lanes between the
Riverside/Orange County line and SR-55). Said improvements
including the installation of SR-91 on-ramp meters at the Weir
Canyon Road interchange and at the Gypsum Canyon Road
interchange shall be operational prior to the issuance of the
first building permit. Prior to issuance of the first
building permit, traffic signals shall be designed and bonded
for construction at Weir Canyon Road/SR-91 eastbound ramps and
55
Weir Canyon Road/SR-91 westbound ramps, with provision made
for reimbursement for the project contribution made beyond the
"fair share" calculation to be approved by the City Engineer.
Said traffic signal design and construction shall be
determined as part of the traffic phasing plans required as
part of Condition No. 194 and 195 and provide for any roadway
widening identified as needed with project build out to
maintain levels of service not worse than D as measured by the
City of Anaheim. (4.9.4)
202. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase I, the
following street improvement plans shall be submitted to the
Subdivision Section of the Public Works-Engineering Department
and bonds posted, in a form approved by the City Attorney, to
guarantee completion of the following improvements prior to
issuance of the first certificate of occupancy in Phase I.
(4.9.3)
a. Gypsum Canyon Road shall be constructed to ultimate
improvements (a 6-lane Hillside Primary) between the
SR-91 westbound off-ramp and "A" Street.
b. "A" Street shall be constructed to ultimate improvements
(as a 4-lane Hillside Secondary) between "B" Street and
Gypsum Canyon Road.
c. "B" Street shall be constructed to ultimate improvements
(as a Hillside Secondary) between Santa Ana Canyon Road
and the Phase I southern boundary (with a 38-foot radius
turnaround constructed at the terminus).
d. Weir Canyon Road shall be constructed to ultimate
improvements (as a 6-lane Scenic Expressway) from the
existing terminus to westerly boundary of proposed
Eastern Transportation Corridor (ETC) interchange
right-of-way; with said construction providing for
continuation of the Class I off-road bicycle trail from
the existing segment to the first signalized
intersection, where it shall transition to a Class II
on-road bicycle lane.
e. Santa Ana Canyon Road between Gypsum Canyon Road and B
Street shall be widened to ultimate improvements (a
Hillside Secondary). (4.9.3)
203A.Santa Ana Canyon Road between "B" Street and the western
project boundary shall be widened to ultimate improvements
(Hillside Secondary). Prior to the approval of the first
large-lot or builder final tract or parcel map, whichever
occurs first, in Phase I, street improvement plans shall be
56
submitted to the City Engineer and bonds posted to guarantee
construction of said improvements prior to the issuance of the
first building permit in Phase II or in conjunction with
construction of the freeway bridge(s) required for the ETC/91
Freeway interchange, if the first large-lot or builder final
tract or parcel map, whichever occurs first, within Phase I
has been approved.
203B.Prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase I,
street improvement plans shall be submitted to the Subdivision
Section of the Public Works-Engineering Department and bonds
posted, in a form approved by the City Attorney, to guarantee
completion of construction prior to issuance of the first
certificate of occupancy in Phase I for improvements necessary
to provide an enhanced two-lane arterial complete with
appropriate lane transitions at either end and access
enhancements, as required by the City Engineer, for any
existing access points on Santa Ana Canyon Road between the
western project boundary and the existing terminus of widened
improvements easterly of Weir Canyon Road.
203C.Santa Ana Canyon Road between the western project
boundary and the existing terminus of widened improvements
easterly of Weir Canyon Road is currently designated as a
Scenic Expressway (i.e., 148-foot cross-section) on the
Circulation Element of the Anaheim General Plan. The Public
Works-Engineering Department anticipates that a General Plan
Amendment will be processed to change the roadway designation
for this portion of Santa Ana Canyon Road to either a Hillside
Secondary (i.e., 66-foot to 78-foot cross-section) arterial
or, subject to the review and approval of the City Engineer
and based upon a technical analysis to be performed at the
expense of the Mountain Park property owner/developer and
approved by the City Engineer, this portion of Santa Ana
Canyon Road may be modified to a four (4) lane arterial
(52-foot minimum cross-section) plus equestrian trail.
203D.Prior to the approval of the first large-lot or builder
tentative tract or parcel map, whichever occurs first, in
Phase I, the property owner/developer shall enter into an
agreement with the City obligating the property
owner/developer for full payment of consultant/contractor
services (including soils analyses, preliminary and final
engineering, environmental assessment, General PlanAmendment,
right-of-way acquisition, demolition, relocation, construction
and inspection and other related expenses) needed to improve
the subject segment of Santa Ana Canyon Road to Hillside
Secondary Standards (including the equestrian trail) provided
that the roadway section implemented be reduced as necessary
to assure that significant grading/reconstruction of the
adjacent landforms described in Section "C" of this condition
57
is avoided. Consultant/contractor payments shall be made by
the property owner/developer upon demand of the city at the
full cost of consultant/contractor payments actually billed to
the City. The obligations of the property owner/developer
under this condition shall be secured by a performance bond,
letter of credit, or other form of security acceptable to the
City Engineer in an amount and form approved by the City
Attorney. Timing of implementation of the ultimate
improvements shall be at the sole discretion of the City, and
not earlier than the first large-lot or builder tentative
tract or parcel map, whichever occurs first, in Phase II.
Notwithstanding the above and consistent with Section "B" of
this condition, should any mitigation measures/improvements be
identified due to the addition of project traffic, as approved
by the City, for this off-site portion of Santa Ana Canyon
Road as part of any traffic phasing plan submitted in
accordance with Condition No. 195, then the implementation of
said mitigation measures/improvements shall be the
responsibility of the Mountain Park property owner/developer.
The project's "fair share" contribution towards all costs for
this off-site improvement (including any acquisition of
right-of-way) shall be determined by the City Engineer (i.e.,
no City of Anaheim funding, and a reduction in "fair share"
for this segment of Santa Ana Canyon Road if the Oak Canyon
Road connection to the west is constructed in advance of this
improvement). For the project contribution made beyond the
project's "fair share", the property owner/developer may
petition the City Council to establish a reimbursement
agreement or benefit district to include other areas of
benefit. Costs associated with the establishment of timing
requirements, fair share analysis and any such districts shall
be at the expense of the property owner/developer. (4.9.3)
(4.9.8)
203E.That, prior to approval of the first final large-lotor
builder tract or parcel map, whichever occurs first, in Phase
I, the full improvement of Jamboree Road to Hillside Secondary
Standards southerly of the Weir Canyon Road intersection
improvements to the southern boundary of the City's
sphere-of-influence shall be secured by a performance bond,
letter of credit, or other form of security acceptable to the
city Engineer in a form approved by the City Attorney with
construction timing concurrent with the commencement of the
construction of Jamboree Road north of Santiago Canyon Road in
the City of Orange. Should development of Development Area 26
precede construction of the adjacent portion of the ETC, the
portion of Jamboree Road from Weir Canyon Road to the southern
boundary of Development Area 26 shall be constructed
prior to issuance of the first certificate of occupancy
in that Development Area. Furthermore, if the first
58
final builder tract or parcel map within Phase I is
approved prior to or at such time as the initial ETC
grading and construction begins southerly of the planned
WeirCanyon Road alignment, regardless of the status of
development plans in Development Area 26, this entire
portion of Jamboree Road shall be graded to ultimate
width in conjunction with construction of the ETC.
(4.9.2)
204. That prior to approval of the first final large-lot or builder
tract or parcel map, whichever occurs first, for Phase II, the
following street improvement plans shall be submitted to the
Subdivision Section of the Public Works-Engineering Department
and bonds posted, in a form approved by the City Attorney, to
guarantee completion of the improvements by the property
owner/developer prior to issuance of the first certificate of
occupancy in Phase II of the following improvements: (4.9.5)
A. Gypsum Canyon Road shall be constructed to ultimate
improvements (as a Hillside Primary) between "A" Street
and Weir Canyon Road.
B. "B" Street shall be constructed to ultimate improvements
(as a 4-lane Hillside Secondary) within and adjacent to
the Phase II project area boundary.
C. "C" Street shall be constructed to ultimate improvements
(as a 4-lane Hillside Secondary) from Gyspum Canyon Road
to "E" Street, and (as a Hillside Collector) from "E"
Street to the Phase II project area boundary.
D. "D" Street shall be constructed to ultimate improvements
(as a 4-lane Secondary) between Gypsum Canyon Road and
"C" Street, and (as a Modified Hillside Collector)
between "C" Street and the Phase II easternmost project
area boundary.
205. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase II, a
traffic study shall be submitted for approval by the City
Engineer or designate to document off-site improvement needs
for Weir Canyon Road and intersecting roads between and
including Santa Ana Canyon Road and the SR-91 westbound ramps
for Phase II; and that the project's "fair share" be
contributed by the Mountain Park property owner/developer
prior to the first building permit for Phase II.
206. That prior to approval of the first large-lot or builder
tentative tract or parcel map, or grading plan, whichever
occurs first for Phase III, the property owner/developer shall
submit evidence to the satisfaction of the City Engineer that
a construction contract has been awarded and secured for the
59
entire length of the ETC that provides for mix flow lane
connections to and from the east and west on SR-91 and a full
interchange at Weir Canyon Road/Gypsum Canyon Road. The
development phasing schedule for Phase III shall be
ooordinated so that no final builder tract or parcel maps are
approved until such time as the ETC is scheduled for operation
to the satisfaction of the City Engineer. However, if the ETC
construction contract has not been awarded by the first
large-lot or builder tentative tract or parcel map or grading
plan for Phase III, whichever occurs first, a traffic study
satisfactory to the City Engineer shall be submitted to the
City Engineer or designate by the property owner/developer to
document the circulation improvements needed in place of the
ETC to provide levels of service not worse than D, as measured
by the city of Anaheim, to enable any Phase III development
and to document the project's fair share contribution towards
said improvements. In connection with the grading plan, the
property owner/developer shall submit for review and approval
by the city Engineer, a grading time schedule to ensure that
the grading in Phase III takes place in connection with and/or
subsequent to the grading/construction of the ETC. Total
needed project costs shall be bonded for evaluation and
approval for construction, with provision made for
reimbursement for the project contribution made beyond the
"fair share" calculation to be approved by the city Engineer.
(4.9.6) (4.9.7) (4.9.8)
207. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase III,
the property owner/developer shall submit the following street
improvement plans to the Subdivision Section of the Public
Works-Engineering Department posted bonds, in a form approved
by the City Attorney, to guarantee completion of the
improvements bythe property owner/developer prior to issuance
of the first certificate of occupancy in Phase III of the
following improvements: (4.9.5)
A. "E" Street shall be constructed to ultimate improvements
(as a Hillside Collector) within the Phase III project
area.
B. The eastbound offramp from SR-91 to Gypsum Canyon Road
shall be widened to provide for a second lane with
transition to a third lane at the Gypsum Canyon Road
intersection to the satisfaction of the City Traffic and
Transportation Manager.
208. That prior to approval of the first large-lot or builder final
tract or parcel map, whichever occurs first, for Phase IV,
Santa Ana Canyon Road between Gypsum Canyon Road and the
eastern project boundary shall be bonded for widening to
ultimate improvements (a Hillside Secondary Arterial) with
6o
construction to occur prior to issuance of the first building
permit in Phase IV. (4.9.8)
209. That Oak Canyon Drive between "B" Street and the existing
terminus to the west shall be constructed as a 4-lane
Hillside Secondary in conjunction with the initial ETC
construction, except that if the first large-lot or builder
final tract map of Phase II has not yet received approval, the
property owner/developer shall post bonds or other security
satisfactory to the City Engineer and the City Attorney prior
to approval of said final map to guarantee completion of the
roadway segmant prior to occupancy.
210. That prior to approval of each large-lot or builder final
tract or parcel map, whichever occurs first, street names for
any new public or private street shall be submitted to and
approved by the Planning Department.
211. That prior to approval of each large-lot or builder final
tract or parcel map, whichever occurs first, street
improvement plans shall be submitted to the Subdivision
Section.
212. 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.
213. 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 private streets on the
final map.
214. 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.
215. 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 and condemnation proceedings. Such costs shall
61
qualify towards the property owner/developer's "fair share"
contribution.
216. That prior to the approval of RM-2400 Zone tentative tract or
parcel maps or Site Plans, said maps shall be designed to have
a limited number of accessways to the street as approved by
the city Traffic and Transportation Manager. Further, no
garages shall face a public street and no driveways shall be
provided which would allow a vehicle to back out onto a public
street.
217.*That all tandem parking shall comply with Ordinance No. 5157.
FISCAL
218. 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 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.
219. 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
enter into an agreement with the city to establish a mechanism
to assure the project generates revenues to meet the assigned
cost of City services, per the fiscal impact report, on a year
by year basis recognizing cumulative surpluses and/or deficits
and to provide flexibility to fund any additional future
shortfall should project revenue assumptions in the fiscal
impact report prove incorrect. Said mechanism may consist of
land use and development phasing techniques, financial
devices, security guarantees, or a combination of all. The
city shall have the right to monitor said revenues and costs.
The cost to establish the mechanism(s) shall be borne by the
property owner/developer. The property owner/developer shall
execute and record an unsubordinated convenant against the
entire site in a form approved by the City Attorney that said
agreement is in effect. Should land uses change from those
adopted in conjunction with the fiscal impact report, other
than due to requirements imposed solely by the City, the City
may require a revised fiscal impact report be prepared
acceptable to the City. The mechanism(s) established to
62
assure the project generates revenues to meet the assigned
costs of City services shall then be adjusted to reflect the
changed conditions of the revised fiscal impact report.
220. That prior to the approval of a fire station or electrical
substation on-site within a Commercial Development Area, 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
221. That completion of these reclassification proceedings is
contingent upon approval and adoption of General Plan
Amendment No. 318 by the City Council and completion of
annexation of subject property to the City of Anaheim.
222. That the property owner/developer shall be held responsible
for complying with the mitigation monitoring program
established by the City in compliance with Section 21081.6 of
the Public Resources Code. Furthermore, the property
owner/developer shall be responsible for any direct costs
associated with the monitoring and reporting required to
ensure implementation of those mitigation measures identified
in Final Environmental Impact Report No. 302 that have been
incorporated into the Mitigation Monitoring Program.
223. 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.
224. That all Special Maintenance Districts or other financial
mechanisms referenced in previous conditions shall be
established at the expense of the property owner/developer.
225A.Prior to the issuance of any Certificate of Occupancy, and
as a condition thereof (other than for conversion of existing
dwelling units to condominiums, community apartments or stock
cooperatives), the property owner/developer, or its successors
or assigns, shall provide to any and all cable television
systems franchised to serve the subdivision area (the "Cable
Television Systems") the opportunity to use (upon the terms of
this Condition 225) all public easements dedicated or to be
dedicated to the city, any public utility, or any compatible
user by the property owner/developer for public utility,
municipal, cable television, or other compatible uses to serve
each and every parcel, structure and dwelling units within the
Project.
63
B.Prior to submittal of cable conduit system designs to the
Electrical Engineering and/or Public Works-Engineering
Department, property owner/developer shall give written notice
to all Cable Television Systems at least sixty (60) days prior
to the design of any Cable Conduit System described below (the
"Initial Notice"). At the time of installation of utilities
to serve the Project, the property owner/developer shall
install cable conduit sufficient to accommodate all Cable
Television Systems (the "Cable Conduit System") who have made
a written request to the property owner/developer for such
installation within thirty (30) days of receiving the Initial
Notice including lateral access facilities from the edge of
right-of-way to the junction box connection in each structure
or dwelling unit. Any and all Cable Television Systems may,
at their election, and without the payment of any compensation
other than payment of the Installation Costs as specified
below, or by entering into a binding contractual agreement to
pay Installation Costs, elect to utilize the Cable Conduit
System by providing written notice of the same to the property
owner/developer as prescribed herein. The property
owner/developer shall, to the extent possible, accommodate and
incorporate all reasonable design requests and suggestions
provided by the Cable Television Systems to the property
owner/developer along with the Cable Television Systems'
written election described above. Each Cable Television
System for which cable conduit has been installed shall
promptly pay to the property owner/developer upon completion
of such installation an amount equal to the cost of the
conduit, direct cost of installation (including the pro rata
cost of digging and filling the utility trenches and digging
and filling the utility trenches and redesign costs resulting
from requests byCable Television Systems), and indirect costs
(including reasonable interest on sums exDended form date of
expense to date of payment and reasonable administrative
costs) associated with the installation of the conduit (the
"Installation Costs"). Initially, the Installation Costs
shall be determined by the property owner/developer based upon
the criteria contained herein, subject to the approval by the
City, which approval shall not be unreasonably withheld. In
the event, after reasonable attempts and due diligence, the
parties cannot agree upon the Installation Costs, either in
total or as to any Cable Television System, all such
Installation Costs shall be reasonably determined by the City
based upon information provided by the property
owner/developer pursuant to the criteria stated herein.
C.Prior to submittal of cable conduit system designs to
the Electrical Engineering and/or Public Works-Engineering
Department, the property owner/developer shall provide
evidence reasonably satisfactory to the City (e.g., copies of
the Initial Notice, correspondence, etc.) that the property
owner/developer has complied with this Condition 225.
64
D.Prior to the issuance of any Certificate of Occupancy, and
as a condition thereof (other than for conversion of existing
dwelling units to condominiums, community apartments or stock
cooperatives), the property owner/developer shall dedicate and
provide to the City, in addition to any and all easements
otherwise required to be provided to the City pursuant to any
other condition or requirement of law, an easement running
form the edge of right-of-way to the junction box connection
in each structure or dwelling unit. Said easement shall be
dedicated to the City for public utility and other compatible
uses and shall be made available by the city and the property
owner/developer for the installation and placement of all
necessity utilities, the Cable Conduit System, and any and all
compatible uses to be designated by the City; provided,
however, property owner/developer shall be forced to incur no
costs or expenses in relation thereto and said easement shall
require cooperation and coordination by the ultimate user with
the property owner/developer to avoid conflicts with property
owner/developer operations).
226. [Deleted]
227. That the property owner/developer shall coordinate with
Pacific Bell Telephone Company 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 Zoning Division in
the form of a letter from the telephone company, that said
coordination has occurred.
228. 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,
fifty (50) copies of the final document shall be provided by
the property owner/developer to the Planning Department.
229. The obligations of the developer as set forth in these
conditions shall be secured by a performance bond, letter of
credit, or other form of security in an amount and form
approved by the City Attorney. Said security, as approved
shall be provided at the same time as the obligation is
required by the conditions herein.
230.*That approval of this application constitutes approval of the
proposed Mountain Park Specific Plan only to the extent that
it complies with the Anaheim Municipal Zoning Code, unless
specifically amended within Section III, Zoning and
Development Standards of the Specific Plan document (Chapter
18.76), and any other applicable City, State and Federal
65
regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
231. That prior to the issuance of the building permit for the
3000th dwelling unit, the property owner/developer shall make
the first of three (3) development parcels in Mountain Park
available for acquisition bya religious group for the purpose
of building a facility for worship. The minimum size of these
religious sanctuary parcels shall be three (3) acres.
Interested religious groups and the City shall be notified as
each of the three parcels is made available. The second and
third parcels shall be made available prior to issuance of
building permits, respectively, for the 4500th and §500th
dwelling units. Use of the parcels by religious organizations
shall be subject to approval of conditional use permits. If
after thirty-six (36) months, no religious group is willing or
able to acquire the sites, residential or commercial uses may
be requested in accordance with the Specific Plan.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 27th day of AuKust ,
1991.
CITY CLERK OF THE CITY OF ANAHEIM
SJM: dnl
RMTPKDS. 17
082791
66
STATE OF CALIFORNIA
COUNTY OF O~NGE )
CITY OF ANAHEIM )
I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-264 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 27th day of
August, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayer of the City of Anaheim signed said
Resolution NO. 91R-264 on the 28th day of August, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of August, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-264 duly passed and adopted
by the City Council ef the City of Anaheim on August 27, 1991.
CITY CLERK OF THE CITY OF ANAHEIM