5500ORDINANCE NO. 5500
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING THE CONDITIONS OF APPROVAL
SET FORTH IN ORDINANCE NO. 5296 RELATING
TO SPECIFIC PLAN 90-3 (CYPRESS CANYON)
WHEREAS, the City Council of the City of Anaheim has
heretofore adopted Ordinance No. 5296 pursuant to Chapter 18.93
of the Anaheim Municipal Code relating to reclassification of
certain real property described therein into the Specific Plan
90-3 Zone subject to contain conditions as specified therein; and
WHEREAS, the City Council desires to amend certain of
said conditions of approval as set forth in Ordinance No. 5296
and has complied with the procedures set forth in Chapter 18.93
of the Anaheim Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Ordinance No. 5296 be, and the same is hereby,
amended by the addition of new Condition No. 1C thereto, to read
as follows:
111C. Notwithstanding any provision of the conditions of
approval contained herein to the contrary, the property
owner/developer may process and (upon approval in
accordance with the Subdivision Map Act and Title 17 of
the Anaheim Municipal Code) record Parcel Map No. 94-
205 for the purpose of conveyance in order to affect a
settlement of a lawsuit without complying with any of
the conditions of approval contained herein (except as
defined in this condition of approval) which, by their
terms, must be completed with prior to submittal of an
application for, approval of, or recordation of, a
tentative or final tract or parcel map provided:
1. The tract or parcel map shall contain a note to
the effect that (i) the map is being filed for
conveyance purposes to effect settlement of OCSC
Case No. 719011 and will have no public
improvement requirements; (ii) no building
permits, except for public facilities, are to be
issued for the parcel created by this map; (iii)
the subject parcel will be used for interim open
space until such time as the provisions of
Specific Plan. No. 90-3 (as it may be amended from
time to time) applicable to the property are
implemented; no development rights are granted
with this Parcel Map; (iv) the recording of a
subsequent map is required before building permits
can be issued; and (v) the area encompassed by
Parcel Map No. 94-205 may ultimately be developed
with the uses established by the Cypress Canyon
Specific Plan No. 90-3 Development Area 12 subject
to compliance with all applicable City procedures,
applicable development regulations set forth in
Chapter 18.77 of the Anaheim Municipal Code, and
conditions of approval/mitigation measures adopted
to implement Specific Plan No. 90-3, as it may be
amended from time to time. Prior to the approval
of Parcel Map No. 94-205, an unsubordinated
covenant in a form approved by the City Attorney
shall be recorded against the entire site
encompassed by Parcel 1 of Parcel Map No. 94-205
reflecting the foregoing.
2. An unsubordinated covenant in a form approved by
the City Attorney shall be recorded against the
entire Cypress Canyon property to the effect that
the property owner/developer and all successive
owners of all portions of the site agree: (i) not
to contest the formation of any of the special
districts, benefit districts or other financing
mechanisms set forth elsewhere in these conditions
of approval; (ii) to cooperate fully in the
formation process; and (iii) to reserve only the
right to contest the spread or amount of any
assessment against a particular portion of the
property;
3. An irrevocable offer of dedication, including
necessary construction and adjoining slope
easements, for right-of-way for the portion of
"Street D" immediately adjacent to Parcel 1 of
Parcel Map No. 94-205 and within the Cypress
Canyon Specific Plan boundary shall be made prior
to the final map approval of Parcel Map No. 94-
205; provided that such irrevocable offer shall
include a mechanism for adjusting legal
descriptions as required by the City Engineer as
the precise locations are determined during
development. Street "D" is designated as a
Modified Hillside Collector Highway on the
Circulation Element of the General Plan with an
ultimate right-of-way of 68 feet. The design of
said portion of "Street D" shall be subject to the
review and approval of the City Engineer prior to
the submittal of the irrevocable offer of
dedication;
2
4. Parcel Map No. 94-205 shall otherwise comply with
the Subdivision Map Act and Title 17 of the
Anaheim Municipal Code; and,
5. Prior to the final map approval for Parcel Map No.
94-205, the property owner/developer shall comply
with Condition No. 2, as amended herein."
SECTION 2.
That Ordinance No. 5296 be, and the same is hereby,
amended by the amendment of Condition No. 2 as set forth therein
to read as follows:
112. That within sixty (60) days of the adoption of an
ordinance amending the Cypress Canyon Specific Plan and
prior to the submittal of the final map for Parcel Map
No. 94-205, the property owner/developer shall:
a. Record an unsubordinated covenant, in a form
approved by the City Attorney, against the entire
Cypress Canyon 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
tentative or final parcel or tract map, excluding
Parcel Map No. 94-205, 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
tentative or final tract or parcel map, excluding
Parcel Map No. 94-205, which may otherwise be
asserted based upon permitted conditions,
exactions and fees set forth in the Subdivision
Map Act; and
b. Record an unsubordinated covenant, in a form
approved by the City Attorney, against Parcel 1 of
Parcel Map No. 94-205 requiring the property
owner/developer to participate and to waive for
itself, its successors and assigns, any objection
to participate in the implementation of all
conditions of approval and mitigation measures
requiring the completion of certain tasks prior to
either submission or approval of the first
tentative or final parcel or tract map. The
property owner/developer shall participate in the
implementation of said conditions to the extent
3
i
that the condition affects or addresses the
ultimate development of the area encompassed by
Parcel Map No. 94-205."
SECTION 3.
That, except as expressly amended herein, Ordinance No.
5296 shall remain in full force and effect.
THE FOREGOING ORDINANCE is approved and adopted by the
Cit Council of the City of Anaheim this 6th day of June
199.
MMOR OF THE--C-rTYF dANAHE
ATTEST:
A
CITY CLERK OF THE CITY OF ANAHEIM
12150.1\JWHITE\May 23, 1995 4
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 Ordinance
No. 5500 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd
day of May, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 6 day of June, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5500 on the
6 day of June, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 6 day of June, 1995.
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 Ordinance No. 5500 and was published once in the North Orange County News on the 15th day of June,
1995
CITY CLERK OF THE CITY OF ANAHEIM