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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.) 2 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 4 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. 5 (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 6 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 7 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 8 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 9 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 10 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: 11 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 12 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 13 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 14 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. 29 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 31 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 32 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) 39 126. 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) 41 137. 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. 42 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: 43 (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 45 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) 47 166. 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. 48 173. 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) 54 196.*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