88-395 RESOLUTION N0. 88R-395
A RESOLUTION UF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADOPTING SPECIFIC PLAN N0. 88-2,
EXHIBIT A, (INCLUDING A PUBLIC FACILITIES
PLAN SECTION) FOR THE SUMMIT OF ANAHEIM HILLS
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a specific plan pursuant to
Chapter 18.93 of the Anaheim Municipal Code from The Baldwin
Building Company, A General Partnership, Attention: Diana Hoard,
Vice President, 16811 Hale Avenue, Irvine, CA 92714, owner upon
certain real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
PARCEL 1:
TRACT N0. 2 OF THE LAND ALLOTTEll TO TEODOCIO YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE llISTRICT
COUkT UF THE 17th JUDICIAL DISTRICT IN AND FOR LOS
ANGELES COUNTY, CALIFORNIA, llESCRIBED AS FOLLUWS:
�EGINNING AT THE SOUTHWEST CORNER OF THE T�ACT OF FELIPE
YORBA, PER SAID DECREE; THENCE SOUTH 27 ° 08' EAST
1254.00 FEET, THENCE NORTH 62 52' EAST 5874.00 FEET TO
THE LINE OF FLINT AND BIXBY'S ALLOTMENT PER SAID DECREE:
THENCE NORTH 34a 45' EAST 1270.00 FEET TO THE NORTHEAST
LINE OF PERALTA YORBA TRACT, AS PER SAID DECREE; THENCE
NORTH 27� 08' WEST 660.00 FEET TO THE SOUTHEAST CORNER
OF THE SAIll TRACT OF FELIPE YORBA; THENCE SOUTH 62� 52'
WEST 6955.74 FEET THE POINT OF BEGINNING.
PARCEL 2:
TRACT N0. 2 OF THE LANll ALLOTTED TO FELIPE YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PAFtTITION OF THE RANCHO
SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12,
1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT, IN AND FOR LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CURNER OF THE TRACT OF TOMAS
YORBA AS PER SAID DECREE; THENCE SOUTH 27 EAST
• 1254.00 FEET; THENCE NORTH 62 52' EAST 6955.74 FEET TU
THE NORTHEAST BOUNDARY LINE OF THE PERALTA YORBA TRACT,
AS PER SAID DECREE; THENCE NORTH 27� 08' WEST 1254.00
FEET: THENCE SOUTH 62 5Z' WEST 6955.74 FEET TO THE
POINT OF BEGINNING.
PARCEL 3:
THE SECOND TRACT OF LANll ALLOTTED TU RAYMUNllO YORBA, AS
DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO
SANTIAGU DE SANTA ANA, WHICH WAS ENTEkED SEPTEMBER 12,
" 1868, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT
COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS
ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY OR SOUTHWESTERLY CORNER
OF THE TRACT OF LAND ALLOTTEll TO TEODOCIO YORBA, AS PER
SAID DECREE,; THENCE SOUTH 27 08' EAST 3128.00 FET:
THENCE NORTH 34� 45' EAST 6567.00 FEET TU THE SOUTHEAST
CORNER UF SAD TRACT ALLOTTEll TO TEODOCIO YRBA: THENCE
SOUTH 62 52' WEST ALONG T�E SUTHEASTBRLY LINE OF SAID
TRACT 5874.00 FEET TO THE POINT OF BEGINNING.
WHEkEAS, the City Planning Commission did hold a public
hearing upon said application, notices of which public hearing were
duly given as required by law; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC88-282 recommending the
adoption of Specific Plan No. 88-2, Exhibit A.
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 does find, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
l. The property covered by the specific plan has unique site
characteristics including topography, location and surroundings
which will be enhanced by the special land use and developments
standards of the specific 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 specific plan will result in development of a
desirable character which will be compatible with existing and
proposed development in the surrounding area;
4. The specific plan contributes to a balance of land uses;
and
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5. The specific plan respects environmental and aesthetic
resources consistent of 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.
NOW, THEREFURE, BE IT RESOLVED,that after considering
Supplement to EIR No. 281 for the proposed Specific Plan for the
Summit of Anaheim Hills and reviewing evidence, both written and
oral, presented to supplement Draft EIR No. 281, the City Council
£inds:
a) Supplement to EIR No. 281 is an compliance with the
California Environmental Quality Act and the State
and City Guidelines;
b) Supplement to EIR No. 281 identifies the following
impacts which are considered to be both unavoidable
and adverse in nature and not fully mitigated to a
level of insignificance:
1) Development will remove significant
biological habitat including areas of high,
moderate and low ecological sensitivity.
2) Vehicular trips and energy consumption
generated by uses on-site will produce air
pollutant emissions and will be cumulatively
significant in combination with other similar
development in the air basin.
3) Development will alter approximately 90% of
the natural topography and will potentially
impact views from off-site including Weir
Canyon, open spaces on the Irvine Company
property to the south and the Highlands
property to the west.
4) Proposed land uses will consume significant
amounts of energy when considered in
combination with other developments in the
region.
�- and, further, the City Council does hereby determine that the
benefits of the project outweigh the unavoidable adverse
environmental impacts, and pursuant to California Environmental
Quality Act requirements, hereby approves the following Statement
of Overriding Considerations:
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c) The benefits of the project have been weighed
against the unavoidable environmental impacts and,
pursuant to Section 15093 of the State CEQA
Guidelines, the occurrence of the significant
environmental effects identified in EIR No. 281 as
` set forth above, may be permitted without further
mitigation due to the following overriding
considerations:
1) Economic, social and physical considerations
make it infeasible to eliminate all of the
significant environmental impacts of the
project which have been indentified in EIR
No. 281 and the Supplement;
2) Such environmental impacts will be reduced by
compliance with City codes, policies and
procedures;
3) The project will bring substantial benefits
to the citizens of Anaheim by providing
employment and permitting the development of
a variety of high-quality residential
densities and unit types to assist in meeting
demands for housing; and
4) Mitigation measures have been incorporated
into the project to reduce the majority of
environmental impacts to an acceptable level.
AND, THEREFORE, City Council hereby certifies
Supplement to Environmental Impact Report No. No. 281 for the
Summit of Anaheim Hills project and adopts the Statement of
Overriding Considerations.
BE IT FURTHER RESOLVED by the City Council of the City of
Anaheim that Specific Plan No. 88-2 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:
PLANNING-RELATED
l. That the property owner/developer shall be
� responsible for implementation of all applicable stipulations
stated in the approved The Summit of Anaheim Hills Specific Plan
(Exhibit A); and, that all future grading and development of The
Summit project shall display the quality standards represented by
the applicant in conjunction with the Specific Plan process and in
the Specific Plan document for any zoning and development standards
other than the minimum standards as defined in the Zoning Code
(Title 18).
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2. That in conjunction with the submittal of each tentative
tract or parcel map, the owner/developer shall submit documentation
which describes how the development is in conformance with the
guidelines and ordinances established by the Specific Plan.
� 3. That in conjunction with the submittal of all residential
tentative tract or parcel maps and prior to the issuance of any
building permits for commercial parcels, the following information
and/or plans shall be submitted to the Planning Department for
Planning Commission review and approval in conformance with Section
18.85.060 of the Anaheim Municipal Code:
(a) Location map - drawn to the same scale as the maps
in Exhibit A and relating the tentative tract or parcel map to the
overall Summit project.
(b) Topographic map.
(c) Cross-Sections to illustrate grading shown on
tentative map.
(d) Preliminary site plans, floor plans and elevations
- showing the typical site plans for single-family attached or
detached residential tentative tracts and the complete site plan
for multiple-family (ie., apartment, condominium, townhouse)
developments, in addition to front, side and rear elevations; the
roof plans; and the exterior building materials (including roofing)
and colors. (Final site plans, floor plans and building elevations
ultimately approved by the City shall be in substantial conformance
with said plans.)
(e) Lot dimensions and pad sizes of all lots -
sufficient to indicate the relationship of the proposal to the
nature and extent of the cut and fill earthwork involved.
(f) Landscaping plans - indicating the extent and type
of proposed landscaping and including any existing vegetation which
is to be retained. The owner/developer shall submit documentation
which confirms that development is in conformance with the
Landscape Concept Plan shown in the Specific Plan document.
(g) Vehicular circulation and parking plan - indicating
the nature and extent of public and private streets, alleys and
other public accessways for vehicular circulation, off-street
parking, and vehicular storage.
� (h) Fence and wall plans (including sections)-
indicating the type of fencing along any lot line of a site
abutting a street, creek, lake or open storm drain. 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-or-way.
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(i) Signing plans - indicating the proposed signing
program and including, but not limited to, any identification,
business or other signs; and specifying the size, height, location,
color, material and lighting of such signs. The developer shall
provide signs to identify the Eastern Transportation Corridor area
`� within one-half (1/2) mile of the corridor. In addition, signs
shall be provided to identify proposed future land uses, such as
the commercial site, future park/school site, and residential land
uses, etc. Prior to issuance of sign permits, all signage shall be
subject to the review and approval of the City Traffic Engineer for
vehicular and pedestrian visibility.
4. That all development including grading and
landscape plans shall comply with the requirements of Chapter 17.06
(Grading, Excavations and Fills in Hillside Areas), Council Policy
No. 211 (pertaining to Contour Grading), and Chapter 18.84 CScenic
Corridor Overlay Zone) of the Anaheim Municipal Code, and as
contained in The Summit of Anaheim Hills Specific Plan. In the
event that Council Policy No. 211 is amended at a future date, the
property owner/developer shall comply with the provisions in effect
at the time of filing for vesting tentative tract or parcel maps,
or at the time of filing of grading plans for non-vesting maps.
5. Location and configuration of lighting fixtures
shall be shown on all commercial site plans. Any proposed parking
area lighting fixtures for commercial development shall be
down-lighted with a maximum height of twelve (12) feet. Said
lighting fixtures shall be directed away from adjacent property
lines to protect the residential integrity of adjacent and nearby
residential properties.
6. In connection with the submittal of site plans, any
specimen tree removal shall be indicated and such removal shall
comply with the tree preservation regulations as contained in The
Summit of Anaheim Hills Specific Plan.
7. The seller shall provide each buyer with written
information concerning the Anaheim General Plan and the existing
zoning within three hundred (300) feet of the boundaries of subject
tract in accordance with the requirements of Anaheim Municipal Code
Section 18.02.047 pertaining to the initial sale of residences in
the City of Anaheim Planning Area "B".
8. That as specified in Anaheim Municipal Code
Sections 18.84.041.012 and 18.84.062.032, no roof-mounted equipment
whatsoever shall be permitted.
WATER
9. That in conjunction with the submittal of each
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.
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10. That prior to the approval of each final tract or
parcel map, the property owner/developer shall make provisions for
design features that conserve water such as controlled irrigation
systems which 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 Public Utilities
Department.
11. That prior to approval of each 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 to support said development phase.
12. Approved plans on file for Tentative Tract Map Nos.
13459 (Lot K) and 13533 indicate the locations of the terminal
storage reservoirs. Prior to the approval of the first final tract
or parcel map within The Summit, the property owner/developer shall
enter into a written agreement with the Water Engineering llivision
as to the exact placement of the terminal water storage facility.
13. Prior to the approval of Tentative Tract No. 13267,
the property owner/developer obtained approval of a Master Plan of
Improvements from the General Manager, Public Utilities
Department. The Master Plan of Improvements, in accordance with
the Water Utility's Rates, Rules and Regulations and The Summit
Public Facilities Plan, addresses primary mains, reservoirs,
projected water demands and phasing of improvements. The Master
Plan provides hydraulic analysis for the proposed system under
average day, maximum day and peak hour demands. The Master Plan of
Improvements gives consideration to pressure zones, phasing of
improvements and the Water Utility's ultimate service area. The
Master Plan of Improvements is incorporated into the Public
Facilities Plan by reference and shall be carried out in accordance
therewith. The General Manager-Public Utilities Department
reserves the right at any time to revise and update the Master Plan
of Improvements provided that such revisions shall not affect
contracts previously executed by the City and the property
owner/developer in accordance with the Master Plan of Improvements
prior to said revision.
14. That all water supply planning for the project
. shall be closely coordinated with, and be subject to review and
� final approval by, the City of Anaheim Public Utilities Department.
15. That the water supply system for The Summit
development shall be designed in accordance with the Water
Utility's Master Plan for Special Facilities District No. l.
16. That the water mains and water storage reservoirs
shall be designed as part of the City's Master Water System
ultimately serving areawide development.
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17. That in conjunction with street dedication and/or
final tract or parcel map recordation, the property owner/developer
shall dedicate to the City the land and easements required for
implementation of the water system. The reservoir sites shall be
dedicated with the final maps, or when required by the City.
18. That prior to approval of each final tract or
parcel map, the owner/developer shall bond for the construction of
the required water system improvements.
19. That the water supply system shall be funded and
constructed in accordance with the following Water Utility's
Rates, Rules and Regulations:
(a) The property developer/owner shall install the
secondary system improvements;
(b) Funds for construction of the pump stations and
reservoirs shall be advanced by the developer through
the payment of special facilities fees as provided for
in Rule 15-B;
(c) Primary mains shall be installed by the City with
funds provided by the property owner/developer in the
form of primary acreage fees as provided for in Rule
15-A; and
(d) The necessary financial arrangements for construction
of the special facilities and required primary main
fees shall be made prior to final tract or parcel map
approval.
TRAFFIC
20. That any tentative tract or parcel map(s) containing
the intersections of Weir Canyon Road/Oak Hills Drive and Serrano
Avenue/Oak Hills Drive shall incorporate the design of double left
turn lanes in accordance with the recommendation in Table 6 of
Addendum 3 of the Environmental Impact Report No. 281, and as
approved by the City Traffic Engineer, as follows:
(a) Weir Canyon Road/Oak Hills Drive - southbound double
left turn lanes; and
(b) Serrano Avenue/Oak Hills Drive - westbound double left
turn lanes.
� 21. That prior to approval of the first final tract or
parcel map, the property owner/developer shall, in cooperation
with the City of Anaheim and Orange County Transit llistrict,
prepare a coordinated study to examine methods of implementing a
Transportation Systems Management program with specific guidelines
indicating strategies to reduce the amount of trips and increase
the amount of non-vehicular transportation. Strategies may
include transit service, park and ride turnouts, carpool and
vanpool facilities, bikeways, and other transportation demand
management strategies applicable to the development site.
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22. That prior to approval of any tentative tract or
parcel map which is adjacent to the school site, the property
owner/developer shall prepare an analysis of potential acoustic
impact on the proposed school site and adjacent residential areas
which are located in The Summit. The study shall also address
public safety considerations of pedestrian routes for school
children.
23. That in conjunction with the submittal of each
tentative tract or parcel map, said plans shall show as required
by the City Traffic Engineer:
(a) That no street intersections along Weir Canyon Road
are located closer than one thousand three hundred
(1,300) feet apart,and
(b) That along streets intersecting with Weir Canyon Road,
no vehicular access points are located closer than
three hundred thirty (330) feet to Weir Canyon Road.
24. The following conditions shall apply to the
construction of the Serrano Avenue/Weir Canyon Road connection
between Canyon Rim Road and the Bauer Ranch.
(a) The owner/developer of The Summit project shall post
security in an amount and form approved by the City prior to
approval o£ the first final tract or parcel map on The Highlands
Project to guarantee construction of Serrano Avenue within The
Summit as well as for one-half of the construction of the Serrano
Avenue/Weir Canyon Road connection within the Sycamore Canyon
project prior to the occupancy of the 401st residential unit on
The Highlands project, or the commencement of grading on The
Summit, whichever comes first. The owner/developer of the
Highlands project shall post similar security in an amount and
form approved by the City prior to approval of the first final
tract or parcel map on The Highlands project to guarantee the
construction of Serrano Avenue within their property as well as
for one-half of the construction of the Serrano Avenue/Weir Canyon
Road connection within the Sycamore Canyon project within the same
time frame as set forth above.
(b) In the event The Highlands project fails to post
security as set forth in (a) above, the owner/developer of The
Summit may post security in an amount and form approved by the
City prior to the commencement of grading on The Summit to
guarantee the construction of Serrano Avenue within The Summit as
�- well as for one-half of the construction of Serrano Avenue within
The Highlands project prior to the placement of combustibles on
The Summit, or commencement of grading on the Sycamore Canyon
project, whichever comes first, provided that the owner/developer
of the Sycamore Canyon project posts similar security in an amount
and form approved by the City prior to commencement of grading on
The Summit to guarantee the construction of the Serrano
Avenue/Weir Canyon Road within their property as well as for
one-half of the construction of Serrano Avenue within The
Highlands project within the same time frame as set forth above.
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(c) In the event that neither the owner/developer of
The Highlands project nor the owner/developer of the Sycamore
Canyon project posts the security as provided in (a) and (b)
above, the property owner/developer of The Summit shall, prior to
commencement of grading on The Summit, post a security in an
�� amount and form approved by the City to guarantee the construction
of Serrano Avenue/Weir Canyon Road from the existing terminus of
Serrano Avenue at Canyon Rim Road to the existing terminus of Weir
Canyon Road at the southern houndary of the Bauer Ranch prior to
placement of combustible materials on The Summit.
To the extent permitted by law, the City Council shall
establish reimbursement agreements or benefit districts to provide
reimbursement to The Summit and either The Highlands project or
the Sycamore Canyon project for the cost of construction within
the third ranch as provided in (a) and (b) above. Costs
associated with the establishment of such districts shall be at
the expense of The Summit owner/developer.
25. That prior to approval of each tentative tract or parcel
map, the property owner/developer shall reach agreement with the
City Traffic Engineer regarding on-site vehicular circulation.
Such agreement shall consider the following:
(a) Access to each phase of development shall be
evaluated by the City Traffic Engineer to ensure
adequacy of driveways, entrances and median
configuration;
(b) Private communities shall include the following
on-site features: separate lanes for residents and
visitors, turn-arounds, and parking spaces designed
for visitor cars (if full-time security guards are
not provided); and
(c) All improvements shall conform to City of Anaheim
Standards and shall be subject to the approval of the
City Traffic Engineer.
26. That prior to approval of the first final tract or parcel
map, the property owner/developer shall provide the City of
Anaheim with proof of an arterial highway rigtit-of-way across
Sycamore Canyon, thereby permitting the property owner/developer
to extend Weir Canyon Road and Serrano Avenue through Sycamore
Canyon, thereby providing access to The Su�mit; and, further,
proof of an arterial highway right-of-way across The Highlands
property to provide for the extension of Serrano Avenue.
27. That prior to approval of each tentative tract or parcel
map, the property owner/developer shall provide a traffic impact
study to assess the level of service and intersection capacity
utilization (ICU) at the intersection of Weir Canyon Road and
Santa Ana Canyon Road if the Eastern Transportation Corridor has
not yet been constructed. This study will be based on (1)
then-existing peak hour traffic volumes at the intersection (with
adjustment for estimated freeway diversion), (2) plus traffic
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related to East Hills, Sycamore Canyon, The Summit, and The
Highlands at Anaheim Hills for which vesting tentative maps have
been approved and/or building permits have been issued but which
have not achieved occupancy, and (3) the estimated further traffic
addition for that portion of The Summit seeking final approval.
� Said study shall be prepared at the property owner/developer's
expense and shall be reviewed for adequacy by the City Traffic
Engineer. If traffic impacts are unacceptable and unmitigated,
development may be halted until mitigation measures to bring the
intersection to an acceptable level of service are identified by
The Summit property owner/developer and approved by the City.
28. That prior to the approval of the first final tract or
parcel map, the property owner/developer shall agree to construct
bus bays as deemed necessary by the Orange County Transit District
(OCTD) and the City Traffic Engineer, at no cost to the City.
Written proof of said agreement with OCTll shall be furnished to
the Planning Department.
29. That prior to the approval of the first final tract or
parcel map, the property owner/developer shall submit a phasing
plan for both traffic signalization and roadway construction in
The Summit to the City Traffic Engineer for review and approval.
30. That prior to approval of the first final tract or parcel
map, the property owner/developer shall coordinate the
construction schedule, alignment and developer responsibilities
for any road construction through adjacent properties with the
appropriate property owner.
31. That prior to issuance of building permits, or as
otherwise deemed necessary by the City Traffic Engineer, the
precise location and phasing of any required signals shall be
subject to review and approval by the City Traffic Engineer. All
signals shall be interconnected with the City system.
32. That the property owner/developer shall pay the Bridge
Thoroughfare Fee for the Eastern Transportation Corridor in
compliance with City Council Resolution No. 85R-423.
33. That no residential front-on lots along arterial highways
shall be permitted in The Summit development.
34. That all private streets shall be developed in accordance
with the City of Anaheim's Standard Detail No. 122 for private
streets, including installation of street name signs. Plans for
� the private street lighting, as required by the standard detail,
shall be submitted to the Building Division for approval and
included with the building plans prior to the issuance of building
permits. (Private streets are those which provide primary access
and/or circulation within the project.)
35. That prior to each tentative tract or parcel map
approval, all public residential streets shall be designed in
accordance with City standards and reviewed and approved by the
City Engineer.
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36. That the private street system design shall include
provisions for accommodating the collection of refuse in
accordance with City requirements.
37. That prior to final tract map approval, street names
�� shall be submitted for review and approval to the Planning
Department.
38. That prior to any occupancy, temporary street name signs
shall be installed if permanent street name signs have not been
installed.
39. That no public or private street grades shall exceed ten
percent (l00) except by prior approval of the Chief of the Fire
Department and the Engineering Division.
40. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street(s). Prior to the approval
of each tentative tract or parcel map, the location and
installation of any gates shall be subject to the review and
approval of the City Traffic Engineer. Said plans shall be in
conformance with Engineering Standard Plan No. 402.
41. That any on- or off-site roads shall be constructed in
accordance with all applicable Circulation Element and Engineering
standards.
42. That in conjunction with the recordation of final tract
maps for each individual residential area, the property
owner/developer shall dedicate the land for the public street
system.
43. That prior to approval of the first final tract or parcel
map, the general alignment of The Summit road system including
residential and "local street alignments, shall be submitted for
review and approval by the City, and prior to approval of each
final tract or parcel map, the engineering drawings for street
improvements shall be submitted for review and approval by the
City Engineer.
44. That prior to the approval of each final tract or parcel
map, the owner/developer shall bond for on-site roadways and
traffic signals.
45. That the property owner/developer shall be financially
responsible for the following:
(a) Design and construction of the public and private
road system;
(b) Design and construction associated with landscaping
of the parkways adjacent to public and private roads;
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(c) Acquiring any permits for any on- and off-site
roadways and any subsequent environmental assessments
deemed necessary; and
_ (d) Maintenance of the private street system and all
public and private street parkways, unless maintained
by another financial mechanism approved by the City.
46. That prior to the approval of the first final tract or
parcel map, the developer shall pay for and the City shall be
responsible for conducting a study to determine a financial plan
for circulation improvements listed below. Said study shall
determine the cost of the improvements and assign those costs
among the Highlands, The Summit and Sycamore Canyon projects; any
undeveloped parcels of land located within the study area from
Imperial Highway to Weir Canyon �oad and from the southerly City
limits to Orangethorpe Avenue, and including all of Sycamore
Canyon and The Summit; and, the City. T'he findings of the study,
showing proportionate share of cost distribution, shall become
binding upon the developments and shall be paid for
at the time of issuance of building permits. Proportionate share
will be determined based on impact on Santa Ana Canyon Road:
(a) Widen Santa Ana Canyon Road to its ultimate six-lane
configuration between Imperial Highway and the Bauer
Ranch improvements; and
(b) Restripe the eastbound off-ramp from the 91 Freeway
at Weir Canyon Road to provide one right-turn lane
and one optional left-turn and right-turn lane.
NOTE: Development Agreement No. 88-03 (Amendment No. 1) satisfies
said condition.
STREET MAINTENANCE
47. As required by Condition No. 138 of Resolution Nos.
88R-144 and 88R-229, a street maintenance facility site located
adjacent to the proposed park site was irrevocably offered for
dedication prior to recordation of Parcel Map No. 87-3b3 (9/19/88
recordation date).
(a) If the property owner/developer requests an
alternative site, the location of said site shall be
reviewed and approved by the Director of Maintenance
prior to approval of the first final tract or parcel
�� map within The Summit.
(b) Prior to the approval of the first final tract or
parcel map adjacent to said site, the precise
configuration of the site shall be reviewed and
approved by the Director of Maintenance.
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(c) If the configuration of the site is different from
the configuration previously offered for dedication
or if the property owner/developer proposes an
alternative site for the facility, the property
owner/developer shall provide an irrevocable offer of
dedication of the approved site prior to the approval
of the first final tract or parcel map adjacent to
said approved site.
(d) Furthermore, prior to approval of the first final
tract or parcel map, the property owner/developer
shall enter into an agreement with the Maintenance
Department to provide its proportionate share of the
costs to the City for provision of the street
maintenance facility to serve the easterly portion of
the City as determined by the Director of
Maintenance. Written proof of said agreement shall
be furnished to the Planning Department and the
Maintenance Department and shall be subject to
approval by the Maintenance Department and City
Attorney's Office.
NOTE: Development Agreement No. 88-03 (Amendment No. 1) satisfies
the written agreement requirement of said condition.
48. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as required
by the Department of Maintenance and in accordance with
specifications on file with said department.
49. That prior to recordation of each final tract or parcel
map, the property owner/developer shall record a covenant
requiring the seller to provide the purchaser of each residential
dwelling with written information concerning Anaheim Municipal
Code Section 14.32.500 pertaining to "Parking restricted to
facilitate street sweeping . Such written information shall
clearly indicate when on-street parking is prohibited and the
penalty for violation.
50. That prior to sale of the first residential lot or the
issuance of the first Certificate of Occupancy for a residential
unit (excluding any commercial lots within Development Area 208),
whichever occurs first, for any final tract or parcel map that
incorporates a private street, a financial mechanism, acceptable
to and approved by the City, for maintenance of private streets
shall be established at the expense of the property
� owner/developer.
REIMBURSEMENTS
51. That prior to the approval of the first final tract of
parcel map, the property owner/developer shall post a bond to
secure reimbursement to the City of Anaheim for The Summit's
proportionate share of the cost for providing public facilities
and utilities (including a fire station, electrical and water
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facilities, and drainage facilities), which facilities and
utilities are located in the Bauer Ranch but will also serve The
Summit which proportionate share of cost will be paid by the
property owner/developer prior to the issuance of the Certificate
of Occupancy or Use for the first unit in The Summit. Said funds
� shall be used to reimburse Kaufman and Broad (the developer of the
Bauer Ranch) for The Summit's proportionate share of said
facilities and utilities. Said costs shall be determined by
reimbursement agreements administered by the City.
F IRE
52. The property owner/developer submitted and received
approval from the City Fire Chief and the City Traffic Engineer of
plans delineating roadway access to The Summit from Fire Station
No. 9 and Fire Station No. 10 pursuant to Condition No. 52 of
Resolution No. 88R-229 (Said plans are on file with the City of
Anaheim). Should the property owner/developer propose any changes
to the plan, the revised plan shall delineate roadway access to
The Summit from Fire Station No. 9 via Serrano Avenue or some
other acceptable route; and, Fire Station No. 10 via a new Weir
Canyon/Serrano connection or some other acceptable route. Any
changes to the approved plan shall be to the satisfaction of the
City Fire Chief and City Traffic Engineer.
53. That prior to issuance of each building perrnit, the
property owner/ developer shall submit detailed design plans for
accessibility of emergency fire equipment, fire hydrant location
and other construction features to the Fire Marshal for review and
approval. 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.
54. That the water supply system for The Summit development
shall be designed to provide sufficient fireflow pressure and
storage in accordance with Fire Department requirements.
55. That prior to commencement of structural framing on each
parcel or lot, accessible fire hydrants shall be installed and
charged within one hundred fifty (150) feet of all portions of the
exterior walls of the first floor of each building, in conformance
with City standards. Specific information on the design and
implementation of the required hydrant system network for The
Summit may be obtained from the Fire Department.
56. That prior to any construction on any parcel on The
Summit, access, as approved per Condition No. 52 herein, from Fire
Station No. 9 via Serrano Avenue or some other acceptable route
and Fire Station No. 10 via a new Weir Canyon/Serrano connection
or other acceptable route, shall be provided in accordance with
Fire Department policies and requirements for fire fighting
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equipment and emergency evacuation only. Said access, other than
a Weir Canyon/Serrano connection, would not be used for general
traffic circulation.
57. That buildings shall be constructed in conformance with
�' the fire safety provisions of the Uniform Building Code. This
includes the use of fire resistant roofing and construction
materials as required by the City of Anaheim for Fire Zone 4(Fire
Administrative Order No. 76-01). Such further 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 when located within two hundred (200) feet of
adjacent brushland. Built-in fire protection such as sprinkler
systems shall also be provided where applicable in accordance with
City standards for commercial and/or residential buildings.
58. That fuel breaks shall be provided as determined to be
necessary by the Chief of the Fire Department and that the fuel
modification program shall be implemented as outlined in the
Specific Plan.
59. That native slopes adjacent to newly constructed
residences shall be landscaped with a low-fuel combustible seed
mix. Such slopes shall be sprinklered and weeded as required to
establish a minimum of one hundred (100) feet of separation
between flammable vegetation and any structure.
60. That all lockable pedestrian and vehicular access gates
shall be equipped with a(1) "knox box" device, (2) a digitally
operated gate opener, or (3) a remote control gate opener, to the
satisfaction of the Chief of Police and the City Fire Marshal.
61. That prior to the issuance of the first building permit,
the property owner/developer shall provide its fair share of the
cost of the construction of permanent Fire Station No. 9 as
determined by the Director of Maintenance.
PARKS
62. That prior to approval of the first final tract or parcel
map for any portion of subject property, the property
owner/deveioper shall enter into a written agreement with the
Parks, Recreation and Community Services Department specifying the
timing and dollar amount of the property owner/developer's
responsibility for park facility construction. Said agreement
- shall include the following:
(a) Identification of the physical boundaries of the park
site, as agreed to by The Summit property owner/developer
and the Parks, Recreation and Community Services
Department; and
(b) Plans for vehicular and pedestrian access to the park
site, including any necessary agreements with adjacent
property owners as approved by the Parks, Recreation and
Community Services Department and by the City Traffic
Engineer.
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63. Prior to the approval of Tentative Tract No. 13267, the
property owner/developer submitted and received approval from the
City Parks, kecreation and Community Services Department of a plan
showing the general alignment and locations of the equestrian and
hiking trail system within The Summit pursuant to Condition No. 63
` of Resolution No. 88R-229 (Said plan is on file with the City).
Prior to the approval of each final tract or parcel map, the
property owner/developer shall submit the final alignment of the
equestrian and hiking trail within that tract or parcel map to the
City Parks,
Recreation and Community Services Department 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 per City standards).
Bonding for trail improvements shall be furnished as a part of
in-tract improvements.
64. As required by Condition No. 138 of Resolution Nos.
88R-144 and 88R-229, the 12-acre neighborhood park site was
irrevocably offered for dedication prior to recordation of Parcel
Map No. 87-363 (recordation date 9/19/88). 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 neighborhood 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, restroom 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 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 .
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Property owner/developer shall also provide consultant(s) who
prepared construction documents for construction observation to
insure the project is constructed as intended.
66. That the payment of in-lieu fees for additional park
dedication obligation requirements shall be made in accordance
with City requirements and the Subdivision Map Act when determined
appropriate by the Parks, Recreation and Community Services
Department.
67. That County of Orange trails shall be maintained by the
County or through a Special Maintenance District or other
financial mechanism acceptable to and approved by the City, and
shall be established at the expense of the property
owner/developer, prior to the issuance of the first Certificate of
Occupancy.
68. That the dedicated park site shall be graded flat, with
an average slope of 1-1/20. No slopes greater than 5o will be
contained on the site. Variation from these standards may be
approved by the Parks, Recreation and Community Services
Department based on grading, aesthetics, drainage and the
City-approved Park Site Master Plan.
69. That the park dedication requirement shall be for the
full 12-acre requirement (based upon current population
projections); however, adjustments may be made with the first
tentative tract map submittals should less than the anticipated
population in the development actually be realized. Final site
acceptance requires the approval of the Department of Parks,
Recreation � Community Services with the submittal of the first
final tract map.
70. Prior to the approval of the first final tract map, a
grading feasibility study of the park site must be submitted and
approved by the Uepartment of Parks, Recreation and Community
Services and the Engineering Department to determine the average
slope of the site and insure that the graded areas for Z'he Summit
park and future Sycamore Canyon Ranch park dedication can be
provided consistent with Condition No. 68 herein. Final grading
plans for the park must be approved by the Department of Parks,
Recreation and Community Services and Engineering Department and
be in conformance with the previously-approved grading feasibility
study.
71. That the entire public park site shall be located east of
�•- the drainage channel shown bisecting the park on previous
proposals.
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72. That prior to the approval of each grading plan, the
Parks, Recreation and Community Services Department shall have the
opportunity to review an oak tree/riparian preservation and
management program which incorporates development criteria
necessary to maximize the protection and preservation of on-site
woodland resources within ungraded areas containing oaks (see
Environmental Impact Report No. 281). (previously Condition No.
124 of Resolution No. 144)
73. That, consistent with City Council adopted "Local
Parksite Criteria", no park dedication credit will be provided for
any portion of the Four Corners Pipeline Easement located within
the proposed parksite. Additionally, the location of the easement
(and the actual pipeline) cannot materially affect the park design
or development, nor the safety of the user public and city staff
as determined and in accordance with the findings of a
relocation/safety study of the Four Corners Pipeline. This
condition shall be in compliance with the requirements identified
in Condition No. 135 herein.
74. That the park site must present a uniform configuration
with no irregular appendages. The final park site configurations
shall be subject to the approval of the Parks, Recreation and
Community Services Department.
75. That the park site dedication must continue to meet the
general conditions of the local park site criteria.
76. That handicapped and pedestrian accessibility must be
provided from the subdivision improvements west of the park site,
subject to the approval of the Department of Parks, Recreation and
Community Services and the Building Department.
77. a. That the property owner/developer shall complete the
park construction within one (1) year from the issuance of the
970th building permit or the issuance of the first building permit
for Uevelopment Area 202 (as shown on Exhibit 10 of SP88-2),
whichever comes first.
b. That The Summit shall begin construction of their
parksite within thirty (30) days of the commencement of any
construction required of the Sycamore Canyon property
owner/developer in their parksite located contiguous to The Summit
property, regardless of the number of building permits issued for
The Summit.
c. That prior to the approval of the first final tract
or parcel map, containing the 970th unit the property
owner/developer shall post a bond or other appropriate security in
an amount and forrn approved by the City, to ensure the parksite
design and construction (including all weather vehicular access
approved by the Department of Parks, Recreation and Community
Services and the Traffic Engineer) are completed as required in
items 77(a) and/or 77(b) as indicated above.
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UTILITIES - GENERAL
78. That prior to approval of the first final tract or parcel
map, the property owner/developer shall provide documentation, in
a form approved by the City Attorney, of acquisition of easements
- for any public facility (including, but not limited to water,
electrical, sewers, drainage) that will be necessary to cross The
Highlands or Sycamore Canyon property, in order to serve the needs
of The Summit, as required by the City Engineer and the Public
Utilities General Manager. Land or easements shall be acquired
and dedicated to the City at the sole expense of the property
owner/developer.
79. That prior to approval of each final tract or parcel map,
the property owner/developer shall provide grading, sewer, water,
storm drain and street improvement plans for review and approval
by the Public Utilities Department so that Utilities' Facilities
Plans are coordinated with site development.
LIBRARY
80. That prior to approval of the first final tract or parcel
map for any portion of subject property, the property
owner/developer shall enter into an agreement with the City of
Anaheim Library Department to provide The Summit proportionate
share of costs for provision of a library facility to be located
on the Bauer Ranch. Written proof of said agreement shall be
furnished to the Planning Department and shall be subject to
approval by the Library Director and City Attorney's Office.
NOTE: Development Agreement No. 88-03 (Amendment No. 1) satisfies
said condition.
POLICE
81. That prior to approval of the first final tract or parcel
map, the property owner/developer shall enter into an agreement
with the City of Anaheim Police llepartment to provide its
proportionate share of costs to the City for provision of an
off-site satellite police facility to serve the easterly portion
of the City. Written proof of said agreement shall be furnished
to the Planning Department and Police Department and shall be
subject to approval by the Police Department and City Attorney's
Office.
NOTE: Development Agreement No. 88-03 (Amendment No. 1) satisfies
• said condition.
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SCHOOLS
82. The property owner/developer and the Orange Unified
School District have come to a conceptual agreement on the
location and size of the elementary school site as shown on The
Summit Specific Plan llevelopment Plan (Exhibit 10 of SP88-2).
Prior to the issuance of the first building permit, the property
owner/developer shall provide the department with proof of a
written agreement between The Summit and the Orange Unified School
District agreeing on the actual location and size of the
elementary school site as well as specified timing of dedication,
construction, grading of the site and any further obligations
benefiting the area ranches as to their proportionate share of
cost for the school facility. In addition, the agreement shall
provide for The Summit proportionate share in providing off-site
elementary and secondary school facilities to meet the needs of
The Summit.
SANITARY SEWERS
83. That prior to approval of each final tract or parcel map,
the property owner/developer shall submit plans, including sizing
requirements for the sanitary sewer systems within the tract or
parcel 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 City of
Anaheim Engineering Department.
84. That prior to approval of the first final tract or parcel
map, the location, phasing, bonding and details of the sewer
facilities shall be determined by street configurations, lot
layouts, gravity flow and a subsequent sewer study performed by
the property owner/developer and reviewed and approved by the City
Engineer.
85. That the property owner/developer of The Summit shall be
financially responsible for the following sanitary sewer-related
items:
(a) The acquisition of any required permits and environmental
assessments;
(b) The design and construction of all local sewer line
extensions and related facilities as part of the
improvements for each tract or parcel map, as approved by
the City Engineer; and
(c) A Special Maintenance District, or other financial
mechanism acceptable to and approved by the City of
Anaheim, for maintenance of the lift station, force main
and sewer lines in private streets which shall be
established at the expense of the property
owner/developer.
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HYDROLOGY
86. That prior to approval of the first final tract or parcel
map, a feasibility study of the property owner/developer's
proposed storm drain concept shall be conducted to address the
� erosion, siltation, sedimentation equilibrium and environmental
concerns, including the optimum level of high level flow for
satisfying both hydrology and natural vegetation needs within the
drainage basin. This study shall also address these effects on
the proposed park site. In addition, the study shall address the
maintenance costs associated with the facilities. Said study
shall be conducted by the City and funded by the property
owner/developer. The phasing of construction and final design,
including erosion control measures shall be in conformance with
the findings of said study. Said study shall be approved by the
City Engineer and reviewed by the Director of Parks, Recreation
and Community Services, California Department of Fish and Game and
the County Environmental Management Agency. Furthermore, precise
alignments of drainage improvements in the northern portion of the
major drainageway on-site shall be located to preserve significant
stands of oak trees to the maximum extent feasible. At the time
the drainage system plans are reviewed by the City Engineer, the
property owner/developer shall submit results of a mapping survey
of oak trees in that area to the Parks, Recreation and Community
Services Department, indicating which trees will be removed and
which will be preserved. Should impacts greater than those
identified in the Resource Management Plan (RMP)/Supplement to EIR
No. 281, be anticipated, additional revegetation shall be
undertaken, at the rate/ratio specified in the RMP.
87. That prior to approval of each final tract or parcel map,
the property owner/developer shall provide sizing requirements for
storm drain systems within the tract or parcel boundaries, as
reviewed and approved by the City Engineer.
88. That prior to approval of the final grading plan for any
area having interface with the future Weir Canyon Regional Park,
the property owner/developer shall submit to the City Engineer for
his approval a site specific hydrology study plan demonstrating
that surface runoff to the park area will not increase as a result
of proposed on-site grading and other development-related drainage
and urban run-off effects.
89. That the design and installation of project drainage
facilities shall be in accordance with the flow criteria, design
standards and construction requirements of the City of Anaheim
Engineering Department.
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90. That erosion control measures shall be incorporated into
the final grading plans for The Summit to minimize potential
increases in short-term erosion and sediment transport both
on-site and downstream. Such measures will be provided in
accordance with City requirements, including timely seeding of
�' graded slopes and the use of temporary control devices, e.g.
sediment traps, desilting basins, berms and perimeter sandbagging.
91. That the property owner/developer of The Summit shall be
financially responsible for the following items:
(a) Advancement of funds for and 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.
92. That bonding for the Master Plan drainage facilities
shall be provided in conjunction with the various phases that may
be approved. Prior to final tract or parcel map approval, the
property owner/developer shall bond for in-tract improvements.
93. That the phasing of in-tract/parcel drainage improvements
shall occur as final tract or parcel maps are approved for all
development areas.
94. That local storm drains shall be constructed as part of
the improvements for each tract or parcel.
95. That prior to sale of the first residential lot, or
issuance of the first Certificate of Occupancy for a residential
unit (with the exception of the commercial lot located in
Development Area 208), whichever occurs first, a special
maintenance district or other funding mechanism acceptable to and
approved by the City shall be established at the expense of the
property owner/developer for the maintenance of all open or
natural channel storm drain facilities both on- and off-site
necessitated by The Summit development.
96. That drainage of subject property shall be disposed of in
a manner satisfactory to the City Engineer. If, in the
preparation of the site, sufficient grading is required to
necessitate a grading permit, no grading work shall be permitted
-- between October 15th and April 15th unless all off-site drainage
facilities as required by the drainage feasibility study have been
installed and are operative. Positive assurance shall be provided
to the City that such drainage facilities will be completed prior
to October 15th. Necessary right-of-way for off-site drainage
facilities shall be dedicated to the City, or the City Council
shall have initiated condemnation proceedings therefor (the costs
of which shall be borne by the property owner/developer) prior to
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the commencement of grading operations. The required drainage
facilities shall be of a size and type sufficient to carry runoff
waters originating from higher properties through subject property
to ultimate disposal as approved by the City Engineer. Said
drainage facilities shall be the first item of construction and
shall be completed and be functional throughout the tract or
parcel and from the downstream boundary of the property to the
ultimate point of disposal prior to the issuance of the first
final building inspection or occupancy permit. To the extent the
property owner/developer may qualify for reimbursement from
surrounding or other benefited properties, he may petition the
City Council for the establishment of reimbursement agreements or
benefit districts. Costs associated with the establishment of any
such districts shall be at the expense of the property
owner/developer.
GRADING/SOIL/LANDSCAPING
97. That prior to approval of each final tract or parcel map,
the property owner/developer shall submit a final grading plan
prepared by a civil engineer based on recommendations of a soils
engineer and an engineering geologist subsequent to completion of
detailed soils and geologic investigations for each subdivision
map area. Site-specific geotechnical studies shall provide
specific feasible recommendations for mitigation of landslides,
slope stabilization, liquefaction potential, soils engineering,
and appropriate drains and subdrains in each area. Grading plans
shall be approved by the City Engineer and shall be subject to a
grading permit:
(a) Furthermore, that grading operations in the vicinity of
the Four Corners Pipeline shall include procedures
proposed by the property owner/developer to ensure that
pipeline operation is not interrupted or jeopardized.
Said procedures shall be reviewed by the Four Corners
Pipeline Company and approved by the City Engineer prior
to approval of any grading plan that could possibly
affect said pipeline. These procedures may include
avoiding placement of fill over the pipeline, providing
bridging or support to the pipe, and providing temporary
stabilization on slopes as required;
(b) That grading plans shall include an erosion, siltation,
and dust control plan to be approved by the City
Engineer. The plan shall include provisions for measures
such as immediate planting of vegetation on all exposed
slopes, temporary sedimentation basins and sandbagging,
if necessary, and a watering and compaction program. The
plan shall ensure that discharge of surface runoff from
the project during construction activities shall not
result in increased erosion of siltation downstream.
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98. That any grading or development of the site shall conform
to the general recommendations presented in the geotechnical
studies (Preliminary Geotechnical Investigation of Southwest Half
of Oak Hills Ranch, Volumes I and II, Pacific Soils Engineering,
dated February 4, 1988 as an update to previous studies including:
� Lownes Geologic Services, dated 1983; and Leighton and Associates,
dated August 1986, and May 1985) referred to in EIR No. 281. Said
recommendations shall include specifications for site preparation,
landslide treatment, treatment of cut and fill, slope stability,
soils engineering, and surface and subsurface drainage, and
recommendations for further study.
99. That in conjunction with the submittal of each grading
plan, the property owner/developer shall provide information
showing that the overall shape, height and grade of any cut and
fill slope shall be developed in accordance with City Council
Policy No. 211. As previously stated in Condition No, 4, should
Council Policy No. 211 be amended at a future date, grading plans
shall reflect the requirements in effect at the time of filing for
vesting tentative tract or parcel maps or at the time of filing
for grading plans for non-vested maps.
100. Prior to the approval of Tentative Tract Map No. 13267,
the property owner/developer identified the location of slopes
adjacent to roadways which provide access to The Summit (and which
roadways may be located in the Sycamore Canyon or Highlands
developments) pursuant to Condition No. 100 of Resolution No.
88R-229. Prior to the sale of the first residential unit, or the
issuance of the first certificate of occupancy for a residential
unit (with the exception of the commercial lot located in
Development Area 208), whichever occurs first, the property
owner/developer shall provide for a maintenance mechanism for said
slopes acceptable to the City Engineer.
ELECTRICAL
101. That prior to approval of each final tract or parcel
map, the property owner/developer shall provide grading, sewer,
water, storm drain and street improvement plans for review and
approval by the Public Utilities Department so that Utilities'
facilities plans are designed and coordinated with site
development.
102. That the property owner/developer shall have the
financial responsibility for the installation of underground
conduit, substructures, retaining walls and for street lighting
�- installations on all streets, public and private, at no cost to
the City in accordance with the City of Anaheim Rates, Rules and
Regulations.
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103. That the property owner/developer shall provide and
construct for the City all necessary trenches, backfill, conduits,
manholes, vaults, handholes and pull boxes per City of Anaheim
Rates, Rules and Regulations. The scheduling and funding for the
backbone system utility costs shall be determined during the
p preparation and prior to improvement plan(s) approvals. The
property owner/developer shall also advance this fee to the City
to complete the backbone system upon billing by the City.
104. That prior to final tract or parcel map approval, the
property owner/developer shall advance a non-refundable fee for
lots as determined by the Public Utilities Department.
105. That the electrical system and related improvements
shall be installed as development occurs. Bonding for the
required electrical facilities shall be provided in accordance
with City codes.
106. That all facilities shall be located within public
right-of-ways and easements dedicated with the recordation of
final maps. The conduit system with associated concrete manholes
and vaults shall be installed underground. Switches and/or
capacitors shall be in metal cabinets mounted above-ground on
concrete pads.
LANllSCAPING
107. That in conjunction with the submittal of each precise
(plot) grading plan, the property owner/developer shall provide
landscape plans specifying an Irrigation Management Program for
the on-site landscaped areas, said plans to be reviewed and
approved by the Planning Department. The system shall ensure that
irrigation rates do not exceed the infiltration of local soils and
that the application of fertilizers and pesticides does not exceed
appropriate levels and frequencies. The Irrigation Management
Program shall specify methods for monitoring the irrigation
system, and shall be designed by an irrigation engineer.
108. That prior to approval of each precise (plot) grading
plan, the property owner/developer shall submit to the Planning
llepartment for review and approval, a landscape and irrigation
plan prepared by and certified by a licensed landscape architect
to integrate and phase the installation of landscaping with the
proposed grading and construction schedule. It shall provide
visual screening of urban uses (residential, commercial, school,
water tank) from open space areas on- and off-site. Prior to
-°M- occupancy of any structure, the licensed landscape architect shall
certify to the City of Anaheim Planning llepartment that the
landscaping has been installed for the individual development area
in accordance with the prepared plan. The plan shall include
heavy emphasis on drought resistant and fire retardant vegetation
and be in conformance with City requirements and standards.
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109. That reasonable landscaping, including irrigation
facilities, shall be designed, financed and installed by the
property owner/developer in the uncemented portions of the
parkways along any arterial highway. The responsibility for
maintenance of said landscaping shall be financed through a
special maintenance district or another financial mechanism
acceptable and approved by the City of Anaheim and shall be
established at the expense of the property owner/developer prior
to the sale of the first residential unit, or the issuance of the
first certificate of occupancy for a residential unit (with the
exception of the commercial lot located in Development Area 208),
whichever occurs first.
110. That prior to the sale of the first residential unit,
or the issuance of the first certificate of occupancy for a
residential unit (with the exception of the commercial lot located
in Development Area 208), the property owner/developer shall make
provision, acceptable to the City of Anaheim, for landscaping and
maintenance of the slopes within and/or created by the development
of The Summit.
111. That if landscape maintenance is to be financed through
a Homeowner's Association, which Association has been found to be
acceptable to the City of Anaheim, the property owner/developer of
subject property shall execute and record a covenant obligating
the Homeowners Association to:
(1) Maintain the landscaped portion of parkways of any
arterial street parkways adjacent to Association
maintained slopes and/or common areas, and all median
islands installed in conjunction with said subdivision,
except those located within Weir Canyon Road;
(2) Indemnify and hold the City of Anaheim harmless for
damages resulting therefrom; and
(3) Maintain liability insurance for said parkways and median
islands naming the City as an additional insured.
The form of said covenant shall be approved by the City Attorney's
Office and shall be recorded prior to the sale of the first
residential unit, or the issuance of the first certificate of
occupancy for a residential unit (with the exception of the
commercial lot located in Development Area 208). The property
owner/developer of each tract or parcel shall improve and maintain
the hereinabove described parkways and median islands, including
-�� providing the above specified insurance, until such time as the
Homeowners Association becomes legally obligated therefore as
hereinabove provided. 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 the sale of the first residential unit, or the
issuance of the first certificate of occupancy for a residential
unit (with the exception of the commercial lot located in
Development Area 208).
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AESTHETIC/VISUAL
112. That prior to approval of the final grading plan
adjacent to the future Weir Canyon Regional Park boundary, the
property owner/developer shall submit a visual impact analysis to
�" assist mitigation of visual impacts through refinements to final
grading plans and site plans. The analysis shall examine
potential impacts to major viewpoints off-site to be identified
and prepared with the assistance of Orange County EMA staff, and
shall be in accordance with the Response to Comments Section of
EIR No. 281. Based on this analysis, grading plans and site plans
shall be refined to the greatest degree feasible in order to
reduce visual intrusion from the proposed Summit development into
the proposed Weir Canyon Regional Park. The analysis and its
recommendations shall be prepared in close cooperation with Orange
County EMA staff who shall have a minimum of twenty one (21) days
(from the date of receipt) to review and comment on the analysis
and its findings. The analysis and its recommendations shall be
approved by the City Engineer and shall be implemented in
connection with commencement of any development within the
viewshed area. Furthermore, grading shall emphasize scenic vistas
onto open space areas from all public rights-of-way, trails, and
development parcels, and a minimum twenty (20) foot landscaped
building setback shall be maintained from the top of all
manufactured slopes adjacent to the future Weir �anyon Regional
Park boundary.
NOISE
113. That prior to issuance of building permits, the property
owner/developer shall present evidence satisfactory to the Chief
Building Inspector 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, except
when preservation of the viewshed is involved.
114. That construction activities shall be limited to normal
daytime hours in accordance with the City of Anaheim Noise
Ordinance. Construction equipment shall be equipped with
effective muffling devices to further reduce the project's
short-term construction noise effects.
ENERGY CONSERVATIUN
115. That prior to issuance of building permits, the property
-�-� owner/developer shall confer with the Southern California Gas
Company and the City of Anaheim Building Division during the
building design phases for the purposes of including further
methods of energy conservation to the extent feasible.
116. That all building construction shall comply with the
California Energy Commission conservation requirements and the
standards outlined under Title 24 of the California Administrative
Code.
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117. That subdivision, architectural and landscaping design
plans for the project shall 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.
SOLID WASTE (REFUSE)
118. That project solid waste handling provisions shall be in
accordance with City codes for the screening of trash receptacle
areas and access for trash pickup.
AIR QUALITY
119. That the property owner/developer shall implement
regular ground watering and other forms of construction dust
control in accordance with City standards.
CULTURAL RESOURCES
120. That a certified paleontologist shall be retained during
grading operations to provide a monitoring program for bedrock
grading activities. If sufficient concentrations of significant
fossils are encountered during monitoring, salvage operations
shall be initiated and coordinated with the property
owner/developer and grading contractor as determined appropriate
by the consulting paleontologist. Should grading of the site
expose subsurface archaeological remains, development shall cease
until a qualified archaeologist has been contacted and appropriate
mitigation measures are undertaken.
MISCELLANEUUS
121. That prior to approval of the first tentative tract or
parcel map, 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 The Summit;
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 to the assumptions in the fiscal impact
report or development plan, but if there are changes, detailed
documentation addressing those fiscal impacts affected would be
required.
122. That prior to approval of the first tentative tract or
parcel map adjacent to the bike path, the property owner/developer
shall submit an alignment plan for a bikeway along Weir Canyon
Road for review by the Orange County Environmental Management
Agency (EMA) and approval by the City Traffic Engineer. The
facility shall be a Class 1 off-road bikeway south of Oak Hills
Drive, at which location it will transition and continue northerly
as a Class 2 on-street bikeway. A copy of said approved plan
shall then be submitted to the Planning Department. (This
condition shall replace Condition No. 122 of Resolution No.
88R-229.)
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123. For each California Sycamore tree trunk exceeding 4
inches in diameter at breast height that is removed, the applicant
shall plant and assure the survival of approximately 15 California
Sycamore trees (not smaller than 5-gallon size) in the designated
riparian corridor in a manner approved by the Corps of Engineers
� in consultation with the Fish and Wildlife Service and the
California Department of Fish and Game.
124. Prior to the sale of the first residential lot or the
issuance of the first certificate of Occupancy, the property
owner/developer shall establish a funding mechanism, acceptable to
the City, for the maintenance of open space areas which are not
fee dedicated.
125. That prior to the sale of the first residential lot or
the issuance of the first Certificate of Occupancy for a
residential unit, (excluding any commercial lots within
Development Area 208), whichever occurs first, the original
documents of the covenants, conditions, and restrictions (CC�R's),
and a letter addressed to the developer's title company
authorizing recordation thereof, shall be submitted to the City
Attorney's Office and approved by the City Attorney's Office,
Public Utilities Department and Engineering Division. Said
documents, as approved, shall then be filed and recorded in the
Office of the Orange County Recorder on the final map unless the
City forms a maintenance district which assumes the full duties
under the CC�R's."
126. That prior to submittal of each tentative tract or parcel
map, plans shall be submitted to the Police and Fire Departments
for review and approval for defensible space concepts and safety
features (i.e. access, visibility, surveillance, etc.).
127. That prior to the time that a building permit is issued,
or prior to final tract or parcel map approval, or within a period
of six (6) months from the date of this resolution, whichever
occurs first, the owner(s) of subject property shall execute and
record a covenant in a form approved by the City Attorney wherein
such owner(s) agree not to contest and to participate in the
formation of any assessment district(s) which may hereafter be
formed for maintenance or public service/facility purposes, which
district(s) could include the owner's property.
128. That prior to approval of the first final tract or
parcel map, the owner/developer will enter into an agreement with
the City to form an assessment district to assure the project
generates revenues to meet the assigned cost of City services on a
year-by-year basis. Such assessment district shall be formed
prior to the sale of the first residential unit, or the issuance
of the first certificate of occupancy for a residential unit (with
the exception of the commercial lot located in Development Area
208), and initial assessment implemented prior to issuance of the
first certificate of occupancy for The Summit. The City shall
have the right to monitor said revenues and costs. Annual
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assessment revenues shall not exceed an amount necessary to offset
the yearly difference between costs associated with said project
and the revenues generated therefrom; and when revenues reach
equilibrium with allocated costs and recovery of any prior
. unfunded costs for two consecutive years, said mechanism(s) shall
be terminated by the City. The costs to establish the financial
mechanism(s) shall be borne by the owner/developer by means of
reimbursement to the City prior to the sale of the first
residential unit, or the issuance of the first certificate of
occupancy for a residential unit (with the exception of the
commercial lot located in Development Area 208).
129. That prior to the recordation of the first final tract
or parcel map adjacent to the park, the property owner/developer
shall irrevocably offer to dedicate, in fee, acreage as ultimately
approved for that area to be annexed to the Weir Canyon Regional
Park to the County of Orange for permanent open space.
130. That all Special Maintenance Districts or other
financial mechanisms referenced in previous conditions shall be
established at the expense of the property owner/developer.
131. That the property owner/developer shall construct and
dedicate to the City of Anaheim all cable facilities necessary to
implement the cable television network system.
132. That within sixty (60) days of final approval of The
Specific Plan by the City Council, the property owner/developer
shall record a covenant against the entire property acknowledging
that those conditions of approval set forth above which require
completion of certain tasks prior to either submission or approval
of the first 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 tentative or final parcel or tract map
otherwise assertible based upon permitted conditions, exactions
and fees set forth in the Subdivision Map Act.
133. That within thirty (30) days of the City Council's
action, the property owner/developer shall provide the Planning
Department with three copies of an amended Specific Plan document
reflective of the City Council's action. Upon review and approval
of the amended documents by the Planning Department, fifty (50)
� copies of the final document shall be provided by the property
owner/developer to the Planning Department.
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HABITAT ENHANCEMENT
134. The property owner/developer shall obtain a 1603 Permit
from the California Department of Fish and Game for alterations to
,�...r.
existing natural water courses and comply with any and all permit
requirements. Applicant shall implement the Resource Management
Plan (included as a technical appendix to the Supplement to EIR
No. 281) in accordance with the 1603 Agreement (Department of Fish
and Game). Said Management plan, establishes specific criteria
for the identification and preservation of biotic resources and
includes guidelines for revegetating oak woodlands and riparian
areas and criteria to ensure the establishment of a
sycamore/willow riparian habitat. In addition, a continual open
space spine through the community that includes the preservation
of natural terrain in the North and South Canyon Areas (previous
proposal had proposed the South Canyon region as the designated
area for the lakes) shall be provided. This proposal will also
provide for oak woodland preserve areas and will commit to the
mitigation of the loss of oaks due to development by introducing
large plantings of indigenous oak woodland plant varieties within
designated open space areas of the site. Significant stands of
existing oak trees shall be preserved to the maximum extent
feasible. This condition shall replace Condition No. 134 of
Resolution No. 88R-229 which reads as follows:
"That approval of the first final tract or parcel map, the
property owner/developer shall provide a Resource Management
Program, approved by the State Department of Fish and Game
and in accordance with EIR No. 281 and Response to Comments,
for review and approval by the Planning and Parks,
Recreation and Community Services Departments."
OTHEk MISCELLANEOUS
135. That prior to approval of any grading plan within a
development area wherein the Four Corners Pipeline exists, the
property owner/developer shall submit a safety plan to the City
Engineer. Said Plan shall analyze the feasibility of developing
adjacent to the pipeline in its present location and identify
potential problems or hazards which may be involved and acceptable
mitigation measures including relocations if deemed necessary.
The plan shall be reviewed by the Four Corners Pipeline Company
and approved by the City. Costs associated with the relocation of
the pipeline or other measures necessary to permit development,
including any necessary easements and/or permits associated
therewith, shall be the responsibility of the property
owner/developer.
136. The obligations of the developer as set forth in
Condition Nos. 12, 28, 29, 47, 62, 65,77, 80 and 81 shall be
secured by a performance bond, letter of credit, or other form of
security in an amount and form approved by the City. Said
security shall be provided and approved thereof by the City
required contemporaneous with the approval of any agreement
creating such obligation or at the time such obligation otherwise
is established.
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137. Any decision or action required of the Planning
Commission by any of the above conditions shall be subject to
appeal to or review by the City Council within twenty-two (22)
days following the date of such decision or action.
� 138. That construction traffic or equipment access shall be
provided from another source than the existing Serrano Avenue or
Canyon Rim Road.
139. That prior to recordation of the first final tract or
parcel map within the boundaries of The 5ummit project, the
� owner/developer shall irrevocably offer to dedicate to the City of
Anaheim, the 78-foot right of way required for the construction of
Serrano Avenue from the Highlands boundary to the Sycamore Canyon
boundary.
140. Prior to or concurrently with the recordation of the
final vesting tract map, the owner/developer shall record against
the entire tract a covenant, in a form approved by the City
Attorney, imposing against each and every lot in the tract the
obligation to maintain all slopes, open space, private streets,
and private utilities. 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 the aforementioned CC�R's
are recorded, or the City forms a maintenance district which
assumes all duties required under the covenant."
BE IT FURTHER RESOLVED that the City Counci� of the City
of Anaheim does hereby find and determine that the adoptian of
this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinahove set
forth. Should any condition or any part thereof, be declared
invalid or unenforceable by the final judgment of any ccurt 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
City Council of the City of Anaheim th' lst da of November, 1988.
MAYOR OF THE CITY OF A AHEIM
ATTEST:
A (���t ��
��•CI'TY CLERK OF THE TY OF ANAHEIM
JLW : dm
2804L
110288
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) .
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby
certify that the foregoing Resolution No. 88R-395 was introduced and adopted
at a regular meeting provided by law, of the City Council of the City of
Anaheim held on the lst day of November, 1988, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 88R-395 on the 15th day of November, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of November, 1988.
l� -" •"
ASSISTANT CITY CLERK THE CITY OF ANAHEIM
( S r,AL )
I, ANN NI. S�'�UVAGEAU, Assistant City Clerk of the City of Anaheirn, do hereby
certify that the foregoing is the original of Resolution No. 88R-395 duly
passed and adopted by the Anaheim City Council on November l, 1988.
.
ASSISTANT GITY CLERK THE CITY OF �,1`IA.HI'sIM