91-263 RESOLUTION NO. 91R- 263
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 90-4
(INCLUDING A PUBLIC FACILITIES PLAN) FOR
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 Mountain Park project 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), and is further described in Attachment A of this
resolution which is incorporated herein; and
WHEREAS, the Anaheim City Planning Commission did
hold a public hearing upon said application, notice of said
public hearing having been duly given as required by law; and
WHEREAS, said Commission, after due inspection,
investigation and study made by itself and in its behalf, and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC91-93
recommending the adoption of Specific Plan No. 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, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such
hearing and did give all persons interested therein an
opportunity to be heard and did receive evidence and reports,
and did consider the same; and
WHEREAS, the City Council after careful
consideration of the recommendations and findings of the City
Planninq Commission set forth in Planning Commission
Resolution No. PC91-93, all evidence and reports offered at
said hearing, 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
amended pursuant to General Plan Amendment 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 are present.
WHEREAS, in conjunction with approval of General
plan Amendment No. 318, the city Council reviewed
Environmental Impact Report (EIR) No. 302 for the Mountain
Park Project and on July 23, 1991 did take the following
actions:
1. Adopt the environmental findings set forth in
paragraphs A through E on pages 3 and 4 of
Planning Commission Resolution No. PC91-92,
including, without limitation, the findings of
fact set forth in all separate documents
referenced and incorporated in such paragraphs;
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2. Incorporate the comments, and responses to
comments, received by the city Council during
the public review period and public hearings
before the Planning Commission and city Council
in Final EIR NO. 302;
3. Certify Final EIR NO. 302 and find that the
City Council ihas reviewed and considered the
information contained therein;
4. Adopt the Statement of Overriding
Considerations for the project, which document
accompanies the staff report dated July 16,
1991 and Planning Commission Resolution No.
PC91-91;
5. Adopt the mitigation monitoring program for the
project as set forth in paragraph E on page 4
of Planning Commission Resolution No. PC91-92,
and reflecting amendments made by the city
Council as part of the July 23, 1991 meetings.
NOW, THEREFORE, the City Council finds that FEIR No.
302 with a statement of overriding considerations 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 FURTHER RESOLVED, by the city Council of the
City of Anaheim that Specific Plan 90-04 be, and the same is
hereby adopted, subject to the conditions hereinafter set
forth.
BE IT FURTHER RESOLVED that the approval of, and
exercise of any rights under the specific plan as herein
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 EIR No. 302
and numbers in parenthesis represent mitigation measures which
must be complied with in connection with and in accordance
with the timing of the condition which they follow. As such,
all mitigation measures are included as part of the mitigation
monitoring program for this project, as required by Section
21081.6 of the Public Resources Code.)
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GENERAL
1. That within thirty (30) days of annexation of the project
area to the City of Anaheim, the property owner/developer
shall record an unsubordinated covenant against the
entire property acknowledging that those conditions of
~,,,~" approval set forth herein which require completion of
certain tasks prior to either submission or approval of
the first large-lot or builder tentative or final parcel
or tract map are tied to said maps for purposes of
carrying out completion of the purposes of the Specific
Plan and are not necessarily based upon the content of
said first map. The covenant shall further provide that
the property owner/developer shall waive for itself, its
successors and assigns, any objection to imposition of
said conditions upon the first large-lot or builder
tentative or final parcel or tract map which may
otherwise be asserted based upon permitted conditions,
exactions and fees set forth in the Subdivision Map Act.
2. [Deleted]
3. On an annual basis commencing upon the date of annexation
to the City of Anaheim and every January thereafter, the
property owner/developer shall provide an updated phasing
plan to the Zoning Division of the Planning Department
until project buildout.
4. That the Specific Plan shall be implemented through the
processing of large-lot tract or parcel maps followed by,
or concurrent with, the processing of builder tentative
tracts or parcel maps subject to the following:
(a) The large-lot tract or parcel map shall contain a
note to the effect that the map is being filed for
conveyance purposes only; no building permits,
~ except for public
facilities, are to be issued for the lots or parcels
created by the map; and, the recording of a
subsequent builder map is required before building
permits can be issued; and, a covenant in a form
approved by the City Attorney shall be recorded
against the entire site reflecting same;
(b) Irrevocable offers of dedication, including
necessary construction easements, for right-of-way
for the following arterial highways and park and
other public facility sites within the project
boundaries that are listed below and identified in
these conditions of approval are made prior to
approval of the first final large-lot tract or
parcel map:
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1. Arterial highways including:
a. Santa Ana Canyon Road within the project
boundaries, exoluding 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 l, 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 $R-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.
~ ~. 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 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
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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.
(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
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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 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 by the 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.
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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 approvedby 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 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
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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
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
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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 connec-
tion 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 func-
tion. 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 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.
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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
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.
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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:
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.
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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 approved by the City Traffic
and Transportation Manager. Further, that an
unsubordinated reciprocal access and parking agreement,
in a form satisfactory to the City 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
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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 timely manner in the event that it
is removed, damaged, diseased and/or dead.
12. Private storm drain maintenance
13. Private street light maintenance
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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 Homeowner's Association or another
acceptable financial mechanism becomes legally
obligated therefore as hereinabove provided.
E. The property owner/developer shall post a bond in an
amount and form satisfactory to the City of Anaheim
to guarantee performance of the property
owner/developer's obligations herein described.
Evidence of the required insurance and bond shall be
submitted to and approved by the City Attorney's
Office prior to final map approval.
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 by the City Engineer and Utilities General
Manager 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
16
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 each 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 determined by 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
by the 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
17
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:
1. 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)
18
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 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 by the 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
19
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
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
2O
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)
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 ~hall 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
21
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.
(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
22
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 volume irrigation systems in accordance with the
guidelines established in the State of California
Water Efficient Landscape Model Ordinance set forth
by Assembly 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, 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 projects
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.
23
63. That in order to minimize the possibility of invasion of
native habitats by non-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. 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.)*
* 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)
24
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) (4.4.3.2)
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)
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
25
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 mitigation 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 NPDES permit 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
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 projeot 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.
26
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:
(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.
27
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
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
28
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 by the 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#1.
F. Any SFD#i connection to the 900 and 1120 pressure
29
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
A~aheim'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.
30
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 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,
whiohever 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.
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 Substation Agreement
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.
32
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 property
owner/developer shall be responsible for financing any
reports/studies required by the 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.
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 i 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
33
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.
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
34
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 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
35
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 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.
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 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.
36
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 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
37
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 occupaRt sensors.
· Installation of glazed windows, wall
insulation, and efficient ventilation methods;
window systems to reduce thermal gain and loss.
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.
38
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 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
39
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.
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
40
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;
(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
(c) The formation of a Special Maintenance District, or
other financial mechanism acceptable to and approved
41
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 dedication 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 non-profit
entity. (4.1.3) (4.1.4) (4.4.1a) (4.4.1.b) (4.4.1.c) (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 Tecate Cypress preservation area.
(4.4.1.e) (4.4.3.1)
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
42
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 Mitigation 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
43
plans and comment to the City prior to City approval.
(4.4.2.d)
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 by a 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 by a 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 approval by the Planning Department in
compliance with mitigation measures identified in EIR No.
302 and listed as part of this condition. (4.4.2i)
44
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)
130. That prior to issuance of grading permits, 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
45
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.i)
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 posed by wildlife 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 by the
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
46
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. 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
47
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:
(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.
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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 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
49
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 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
5O
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 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 building permit where no subdivision is involved.
(4.13
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
51
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)
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
52
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.
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
53
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 station facility in the project
vicinity. Unless required by the Fire Department at an
54
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)
55
AESTHETIC/VISUAL
180. That prior to approval of the first large-lot tentative
tract or parcel map for Development Areas 1, 4, 22, 25
and 27, the property owner/developer shall prepare a
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 SR-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 OUALITY
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. (4.10.3)
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
56
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
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 telecommutingbyproviding 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
57
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
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
berming if required, to adequately mitigate outdoor
living areas shall be submitted to the Planning
58
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 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
59
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)
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.
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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 Ana 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 interchangeshall 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 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.
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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 Aria 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 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
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improYements 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 Plan Amendment, 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 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
63
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 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
64
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 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 coordinated 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
65
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 by the 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
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
66
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
qualify towards the property owner/developer's "fair
share" contribution.
216. That prior to the approval of RM-2400 Zone tentative
67
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
68
impact report be prepared acceptable to the City. The
mechanism(s) established to 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
69
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.
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 by Cable Television Systems), and
indirect costs (including reasonable interest on sums
expended 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
70
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.
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
71
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 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 by a 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 5500th 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.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that the adoption of
this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set
forth. Should any condition or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
72
City Council of the City of Anaheim this 27th day of August,
1991.
MAOO~~
CITY CLERK OF THE CITY OF ANAHEIM
SJM:dnl
RMPKCON.17
082791
73
STATE OF CALIFORNIA )
COUNTY OF O~NGE ) Ss.
CITY OF ANAHEIM )
I, LEONON N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-263 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 Mayor of the City of Anaheim signed said
Resolution No. 91R-263 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-263 duly passed and adopted
by the City Council of the City of Anaheim on August 27, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
ATTACHMENT "A"
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, PARTLY IN THE CITY OF ANAHEIM AND PARTLY
IN UNINCORPORATED TERRITORY, AND IS DESCRIBED AS FOLLOWS:
ALL OF BLOCK 26, TOGETHER WITH PORTIONS OF BLOCKS 23~ 24, 25, 27, 28,
29, 30, 34, 35 AND 36 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP
RECORDED IN BOOK 1, PAGE 88 OF MISCELLANEOUS RECORD MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING, AT AN ANGLE POINT IN THE EXISTING BOUNDARY OF THE CITY OF
ANAHEIM AS ESTABLISHED BY THE "(AMENDED) OAK HILLS RANCH ANNEXATION TO
THE CITY OF ANAHEIM", SAID POINT BEING THE SOUTHEASTERLY TERMIN-US OF
THAT CERTAIN COURSE DESCRIBED IN SAID ANNEXATION AS "S. 27° 08' 00" E.,
1,914.00 FEET" FOR THE EASTERLY LINE OF THE FELIPE YORBA (PARCEL 2) AND
THE TEODOCIO YORBA (PARCEL 1) ALLOTMENTS IN THE DECREE OF PARTITION OF
THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK "B" OF JUDGMENTS OF
THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA IN SAID COUNTY; THENCE
NORTH 25~ 43' 37" WEST 2965.58 FEET ALONG SAID EASTERLY LINE AND SAID
EXISTING BOUNDARY AS ESTABLISHED BY SAID ANNEXATION AND BY THE
"(AMENDED) WALLACE RANCH ANNEXATION TO THE CITY OF ANAHEIM"; THENCE,
LEAVING SAID EXISTING BOUNDARY, NORTH 81° 58' 04" WEST 43.64 FEET TO THE
SOUTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF
CALIFORNIA RECORDED IN BOOK 2208, PAGE 138 OF OFFICIAL RECORDS IN THE
OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 82" 23' 24" EAST 43.43 FEET
ALONG SAID SOUTHERLY LINE TO SAID EXISTING BOUNDARY; THENCE NORTH 25~
43' 37" WEST 94.63 FEET ALONG SAID EXISTING BoUNDARY TO THE NORTHERLY
LINE OF PARCEL 1 OF THAT CERTAIN PROPOSED RELINQUISHMENT OF A PORTION OF
SANTA ANA CANYON ROAD (ROUTE 91 HIGHWAY) AS SHOWN ON STATE OF CALIFORNIA
DIVISION OF HIGHWAYS RIGHT OF WAY MAP NOS. F1840, F1841 AND F1842 FILED
APRIL 16, 1973 IN BOOK 8, PAGES 30 THROUGH 42 OF HIGHWAY MA~S, ORANGE
COUNTY, CALIFORNIA; THENCE, LEAVING SAID EXISTING BOUNDARY ALONG SAID
NORTHERLY LINE, THE FOLLOWING COURSES: SOUTH 82" 23' 25" EAST 1115.72
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A
RADIUS OF 3999.00 FEET, EASTERLY 389.73 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 5° 35' 02", SOUTH 76° 48' 23" EAST 557.39 FEET, AND
SOUTH 79" 19' 39" EAST 311.45 FEET TO THE NORTHWEST CORNER OF THAT
CERTAIN LAND DESCRIBED IN THE EXCEPTION TO'PARCEL i OF THE DEED TO THE
STATE OF CALIFORNIA RECORDED MARCH 8, 1971 IN BOOK 9563, PAGE 744 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE, LEAVING THE BOUNDARY OF SAID PROPOSED RELINQUISHMENT ALONG THE
NORTHERLY AND EASTERLY LINES OF SAID EXCEPTION, THE FOLLOWING COURSES:
CONTINUING SOUTH 79" 19' 39" EAST 356.76 FEET, SOUTH 77" 10' 44" EAST
385.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY,
'~'"~HAVING A RADIUS OF 375.00 FEET, EASTERLY 211.14 FEET ALONG SAID CURVE
PAGE 1
ATTACHMENT "A':
THROUGH A CENTPAL ANGLE OF 32° 15' 36", NORTH 70° 33' 40" EAST 160.73
FEET, AND SOUTH 19~ 26' 20" EAST 176.75 FEET TO SAID NORTHERLY LINE OF
PARCEL 1 OF THE PROPOSED RELINQUISHMENT; THENCE, LEAVING THE BOUNDARY OF
SAID EXCEPTION, NORTH 70° 33' 40" EAST 80.00 FEET ALONG SAID NORTHERLY
LINE TO THE SOUTHERLY LINE OF SAID PARCEL 1 OF THE DEED RECORDED IN BOOK
9563, PAGE 744 OF OFFICIAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID
PROPOSED RELINQUISHMENT ALONG SAID SOUTHERLY LINE, THE FOLLOWING
COURSES: NORTH 35" 14' 20" EAST 128.69 FEET, NORTH 1" 32' 57" WEST
388.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 125.00 FEET, EASTERLY 128.89 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 59" 04' 42", AND NORTH 57" 31' 45" EAST
566.63 FEET TO THE SOUTHERLY LINE OF PARCEL I OF THE DEED TO THE STATE
OF CALIFORNIA RECORDED JULY 24, 1951 IN BOOK 2208, PAGE 138 OF SAID
OFFICIAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID PARCEL 1 OF THE
DEED RECORDED IN BOOK 9563, PAGE 744 OF OFFICIAL RECORDS, ALONG SAID
LAST MENTIONED SOUTHERLY LINE, THE FOLLOWING COURSES: NORTH 89° 15' 53"
EAST 56.45 FEET, NORTH 71° 47' 04" EAST 1178.97 FEET, NORTH 33° 11' 47"
EAST 248.88 FEET, NORTH 67Q 18' 52" EAST 860.80 FEET, NORTH 52" 24' 13"
EAST 273.84 FEET, NORTH 35° 32' 51" EAST 313.69 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 2050.00
FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 43Q 12' 46" EAST, EASTERLY
61.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1" 43' 28", NORTH
45" 03' 46" EAST 43.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1250.00 FEET, EASTEP~LY 876.66 FEET
ALONG SAID CURVE T/~ROUGH A CENTRAL ANGLE OF 40" 11' 00", NORTH 85° 14'
46" EAST 377.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 2950.00 FEET, EASTERLY 259.15 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 5" 02' 00", SOUTH 89° 43' 14" EAST
636.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY,
HAVING A RADIUS OF 2050.00 FEET, EASTERLY 385.82 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 10" 47' 00", AND NORTH 79" 29' 46" EAST 66.89
FEET TO THE SOUTHERLY LINE OF PARCEL 2 OF SAID DEED RECORDED IN BOOK
9563, PAGE 744 OF OFFICIAL RECORDS; THENCE, LEAVING THE BOUNDARY OF SAID
PARCEL 1 OF THE DEED RECORDED IN BOOK 2208, PAGE 138 OF OFFICIAL
RECORDS, ALONG SAID LAST ABOVE MENTIONED SOUTHERLY LINE, THE FOLLOWING
COURSES: SOUTH 72" 57' 15" EAST 714.63 FEET AND SOUTH 58~ 42' 21" EAST
439.31 FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 30; THENCE, LEAVING
THE BOUNDARY OF SAID PARCEL 2, SOUTH 40° 48' 13" WEST 6048.22 FEET ALONG
SAID SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE OF SAID BLOCK 27, TO
THE MOST WESTERLY CORNER OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. LL 85-2~
RECORDED AUGUST 15, 1985 AS INSTRUMENT NO. 85-304375 OF SAID OFFICIAL
RECORDS; THENCE SOUTH 49 ~ 11 ' 47" EAST 5280.00 FEET ALONG THE
SOUTHWESTERLY LINE OF SAID PARCEL 1 TO THE SOUTHEASTERLY LINE OF SAID
BLOCK 27; THENCE SOUTH 40° 48 ' 14" WEST 2510.00 FEET ALONG THE
SOUTHEASTERLY LINE OF SAID BLOCK 27 TO THE MOST WESTERLY CORNER OF
PARCEL 3 OF SAID LOT LINE ADJUSTMENT NO. LL 85-22; THENCE SOUTH 49" 11'
47" EAST 3839.05 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 3;
PAGE 2 -~
ATTACIIMENT "A"
THENCE, LEAVING THE BOUNDARY OF SAID LOT LINE ADJUSTMENT NO. LL 85-22,
SOUTH 26° 04' 06" WEST 1199.21 FEET; THENCE SOUTH 84° 43' 34" WEST
652.76 FEET; THENCE SOUTH 46" 23' 00" WEST 1698.96 FEET; THENCE NORTH
87° 35' 20" WEST 760.67 FEET; THENCE SOUTH 58° 18' 21" WEST 1560.76
FEET; THENCE SOUTH 32" 07' 18" WEST 1357.86 FEET; THENCE SOUTH 43" 07'
20" WEST 431.57 FEET; THENCE SOUTH 68° 15' 33" WEST 877.41 FEET; THENCE
SOUTH 75~ 44' 35" WEST 629.38 FEET; THENCE NORTH 67° 52' 49" WEST 969.34
FEET; THENCE NORTH 46° 01' 23" WEST 1267.33 FEET; THENCE NORTH 29" 18'
08" WEST 561.89 FEET; THENCE SOUTH 53° 34' 40" WEST 640.02 FEET; THENCE
NORTH 39° 21' 24" WEST 898.85 FEET; THENCE NORTH 56° 12' 03" WEST 728.04
FEET; THENCE SOUTH 89° 31' 21" WEST 600.02 FEET; THENCE NORTH 9° 58' 06"
EAST 837.64 FEET; THENCE NORTH 4° 15' 32" WEST 471.30 FEET; THENCE NORTH
30° 42' 46" WEST 587.39 FEET; THENCE NORTH 9° 56' 26" WEST 984.78 FEET;
THENCE NORTH 4° 33' 36" EAST 817.59 FEET; THENCE NORTH 14" 55' 53" WEST
620.97 FEET; THENCE NORTH 68° 31' 24" WEST 327.76 FEET; THENCE NORTH 35°
19' 53" WEST 484.17 FEET; THENCE NORTH 19° 42' 10" WEST 786.02 FEET;
THENCE NORTH 81° 41' 23" WEST 449.72 FEET; THENCE NORTH 53° 21' 57" WEST
243.00 FEET; THENCE NORTH 81° 17' 07" WEST 533.66 FEET TO SAID EXISTING
BOUNDARY OF THE CITY OF ANAHEIM, AS ESTABLISHED BY SAID "(AMENDED) OAK
HILLS RANCH ANNEXATION TO THE CITY OF ANAHEIM", SAID EXISTING BOUNDARY
BEING THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED ANNEXATION; THENCE
NORTH 35" 50' 58" EAST 5985.01 FEET ALONG SAID EXISTING BOUNDARY AND
SAID SOUTHEASTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A PORTION OF SAID LAND, ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER
HYDROCARBONS, BY WHATSOEVER NAME KNOWN, THAT MAY BE WITHIN "RUNDER THE
PARCELS OF LAND HEREINABOVE DESCRIBED, WITHOUT/ HOWEVER, THE RIGHT EVER
TO DRILL, DIG OR MINE THROUGH THE SURFACE OF SAID LAND THEREFOR, OR
OTHERWISE DEVELOP SAME IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY
HIGHWAY THAT MAY BE CONSTRUCTED ON THE LANDS HEREBY CONVEYED, AS
RESERVED BY THE IRVINE COMPANY, A MICHIGAN CORPORATION, IN THE DEED TO
THE STATE OF CALIFORNIA RECORDED JULY 24, 1951 IN BOOK 2208, PAGE 138 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM A PORTION OF SAID LAND ALL OIL, OIL RIGHTS,
MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, WATER, WATER
RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE
WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH
THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING
THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND,
INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM
LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, WATER
WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE
LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR
BEYOND THE EXTERIOR LIMITS AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
PAGE 3 ~i~-
A~.TACH>[E>IT "ATM
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER,
THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE
UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR
OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT
MAY BE CONSTRUCTED ON SAID LANDS, AS RESERVED BY THE IRVINE COMPANY, k
MICHIGAN CORPORATION, IN THE DEED TO THE STATE OF CALIFORNIA RECORDED
M~kRCH 8, 1971 IN BOOK 9563, PAGE 744 OF OFFICIAL RECORDS.
PAGE 4 l J _L