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94-182 RESOLUTION NO. 94R-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SPECIFIC PLAN NO. 88-2 FOR THE SUMMIT OF ANAHEIM HILLS AND AMENDING RESOLUTION NO. 88R-395 ACCORDINGLY WHEREAS, pursuant to the procedures set forth in' Chapter 18.93 of the Anaheim Municipal Code, the City Council has heretofore adopted Resolution No. 88R-395 adopting Specific Plan No. 88-2 for certain real property described therein and referred to as The Summit of Anaheim Hills; and WHEREAS, the City of Anaheim has received an application to amend Specific Plan No. 88-2 and the conditions of approval as set forth in Resolution No. 88R-395; and WHEREAS, the City Council did hold a public hearing upon said application, notice of which hearing was given in the manner required by law; and WHEREAS, the city Council, after due consideration of all evidence, testimony and reports offered at said public hearing does hereby find with respect to said proposed amendment that: 1. The property covered by the specific plan, as amended (the "Plan") has unique site characteristics including topography, location and surroundings which will be enhanced by the special land use and development standards of the Plan; 2. The Plan is consistent with the goals and policies of the General Plan and with the purposes, standards and land use guidelines therein; 3. The Plan will result in development of a desirable character which will be compatible with existing and proposed development in the surrounding area; 4. The Plan contributes to a balance of land uses; and 5. The Plan respects environmental and aesthetic resources consistent of economic realities. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Anaheim hereby approves the following amendments to Specific Plan No. 88-2: A. Amend Exhibit No. 11 "Open Space/Recreation Plan," in Section 2.8 "Open Space and Parks" of Chapter V "Public Facilities" of The Summit of Anaheim Hills Specific Plan No. 88-2 approved in connection with Resolution No. 88R-395, to change the designation of Neighborhood Park to Community Park; and to also amend text contained on pages 37, 38 and 40 of said Section 2.8 to read community park instead of neighborhood park. B. Amend Condition Nos. 64, 65 and 77 of Resolution No. 88R-395 to read as follows: "64. As required by Condition No. 138 of Resolution Nos. 88R-144 and 88R-229, the 12-acre community park site was irrevocably offered for dedication prior to recordation of Parcel Map No. 87-363 (recorded on September 19, 1988). Prior to the approval of the first final tract or parcel map adjoining any park area, the precise configuration of the park area required for dedication and development by the owner/developer shall be approved by the Department of Parks, Recreation and Community Services and, if different from the previously dedicated configuration, the owner/developer shall provide an irrevocable offer of dedication of the approved park site prior to recordation of the first final tract or parcel map adjoining any park area. 65. That consistent with the agreement between the owner/developer and the Parks, Recreation and Community Services Department, development of the City's park site shall begin and be developed to City Park Department standards, subject to Park Department approval and consistent with facilities provided for other similar community parks within the City. Such improvements must include, but shall not be limited to, irrigation, landscaping (including turf, trees and ground covers), walkways, a children's play equipment area, restrooms, and picnic improvements. Park Department approval shall consist of the following: (a) Approval of Landscape Architect and other consultants used to design the park and prepare the construction documents; (b) Approval of a 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. Property owner/developer shall also provide consultant(s) who prepared construction documents for construction 2 observations to insure that the project is constructed as intended. 77. a. That the owner/developer shall complete the construction of Phase One of the park by February 28, 1995. Phase One will include the grass and other vegetation of the rear 1/3 (+) of the park and will include the tot lot play area, basketball court, walkways and temporary restroom facilities. Parking will be provided that is deemed appropriate by the Parks, Recreation and Community Services staff for such a use level. Phase One will also include the entrance off Weir Canyon with appropriate landscape and the fencing off of the remaining undeveloped portion of the park and the application of an erosion controlling substance to reduce erosion and dust. Phase One will not include the Volleyball court and may include a picnic shelter. The owner/developer shall maintain the temporary restrooms constructed in Phase One until the completion of the remainder of the park. The owner/developer shall complete the remainder of the park construction by January 31, 1997. If Phase One park construction is not completed by February 28, 1995, or if the remaining construction does not proceed on schedule to effect completion of the remainder of the park by January 31, 1997, no further building permits, including for residential or commercial uses, will be issued by the city until park construction is proceeding in accordance with an acceptable schedule agreed to by the Director of Parks, Recreation and Community Services. b. That The Summit shall begin construction of their park site within thirty (30) days of the commencement of any construction required of the Sycamore Canyon (Specific Plan No. 88-1) property owner/developer in their park site located contiguous to The Summit property, regardless of the number of building permits issued for The Summit. c. That an acceptable form of performance bond, certificate of deposit or other security be provided for the park improvement. The form and content of said security shall be subject to review and approval by the City and such security shall be sufficient to insure complete coverage of the park project. The security shall provide that if the principal fails to perform the work on its 3 part, surety shall perform the work or have work performed at surety's expense and that the City shall not be required to perform the work and seek reimbursement. This security will be reviewed annually by the City to insure coverage is adequate to insure the completed park and shall be revised as necessary to meet any increased costs. Owner/developer shall provide an annual revised cost estimate, subject to the approval of the Director of Parks, Recreation and Community Services, to be used as the basis for revisions to the security. Thereafter, the cost estimate shall be provided to the City for approval by January 1 of each year. The security shall be revised, as needed within thirty (30) days after City approval of the cost estimate. Failure to provide the cost estimate or revised security within the specified time limits may result in the delay of building permit issuance for residential or commercial buildings until those issues are resolved. d. Should the park not be completed, including completion of the Notice of Completion period, by January 31, 1997, and should all requirements of the County of Orange grant program funding a portion of the parking lot improvements and the ball field lighting installation not be met, the owner/developer shall be responsible for an additional one hundred twenty five thousand dollars ($125,000) in County funding should that funding be lost due to non-performance by the owner/developer. e. The owner/developer shall send letters, as approved by the Director of Parks, Recreation and Community Services, to all Summit residents and to the Homeowner Association(s) for Sycamore Canyon (Specific Plan No. 88-1) indicating that the owner/developer is responsible for the park construction, the reasons for the delay and a schedule of events to occur in the future. A representative of the owner/developer shall be identified as a contact person for additional information as necessary. This shall take place no later than January 1, 1995." C. Add the following new condition of approval to Resolution No. 88R-395: "141. That within sixty (60) days from the date of this resolution, a landscaping and irrigation phasing plan shall be submitted for review and approval by the Planning Commission as a "Reports and Recommendations" item." BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution No. 88R-395, and Specific Plan No. 88-2 shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of July , 1994. MAYOR OF THE CITY OF A~HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: lm ?870.1\JWHITE\July 29, 1994 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-182 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of July, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly NOES: COUNCIL MEMRERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-137 on the 20th day of July, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of July, 1994. 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. 94R-182 was duly passed and adopted by the City Council of the City of Anaheim on July 19, 1994. CITY CLERK OF THE CITY OF ANAHEIM