2005-177RESOLUTION N0.2005-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING AMENDMENT N0. 1 TO THE
MOUNTAIN PARK SPECIFIC PLAN N0.90-4 (SPN2005-00031)
AND AMENDING RESOLUTION NOS. 91R-263 AND 91R-264
ACCORDINGLY
WHEREAS, on August 27,1991, the City Council of the City of Anaheim adopted
Resolution Nos. 9l R-263 and 91 R-264 approving the Mountain Park Specific Plan No. 90-4
(including a Public Facilities Plan and Zoning and Development Standards) to provide for the
development of an approximate 3, l 79-acre site {the "Mountain Park area")located within the County
cif Orange in the City of Anaheim's sphere-of influence, which Specific Plan includes zoning and
development standards, design guidelines and a public facilities plan, and permits the development
cif up to 7,966 residential dwelling units,179 acres of commercial uses, schools, parks and public
facilities and provides for hiking and riding trails and open space areas; and
WHEREAS, on September 10,1991, the City Council adopted Ordinance No. 5253
to reclassify the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No. 5254
t~ establish the zoning and development standards for the specific plan; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95,
adopted a comprehensive update to the General Plan for the City of Anaheim, which included
amendments to the Mountain Parlt Specific Plan land uses. The amendments for the Mountain Park
area included redesignating the property to the Low Medium Density Residential and Low-Medium
Hillside Density Residential land use designations and limiting the maximum number of units to
x,500 dwelling units (485 dwelling units maximum in the Low-Medium Hillside designation and
?,015 dwelling units maximum in the Low Medium Density Residential land use designation) and
further allowing for the development of a fire station site, a park site, a school site, trails and open
space; and
WHEREAS, on May 25, 2004, in connection with the adoption of the Anaheim
General Plan Update, the City Council adopted Resolution No. 2004-94 certifying Final
Environmental Impact Report No. 330, with a Statement of Findings of Fact and Statement of
Overriding Considerations, and adopting Mitigation Monitoring Program 122 for the General Plan
Amendment and amended monitoring programs described as Mitigation Monitoring Program No.
1 l 2 for the Platinum Triangle and Mitigation Monitoring Program No. 85a for the Anaheim Resort;
and
WHEREAS, the Anaheim City Planning Commission did receive verified petitions
f or General Plan Amendment No. 2005-00436, Amendment No. 1 to the Mountain Park Specific
Plan No. 90-4 (SPN2005-00031), and an amendment to the Zoning and Development Standards set
forth in Chapter 18.112 of the Anaheim Municipal Code, for certain real property situated in the City
cif Anaheim, County of Orange, State of California, as more particularly described in Planning
Commission Resolution No. PC2005-115 and incorporated herein by this reference (referred to
herein as the "Mountain Park area"); and
WHEREAS, the Mountain Park Specific Plan No. 90-4 amendment area consists of
approximately 3,001 acres, including 2,339 acres which have been annexed to the City of Anaheim
and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's
sphere-of-influence; and
WHEREAS, Amendment No. l to the Mountain Park Specific Plan No. 90-4,
including an amendment to the Zoning and Development Standards applicable to the Mountain Park
area, implements the City's General Plan by reducing the number of residential units from a
maximum of 7,966 to a maximum of 2,500; and, provides for the following uses: a City fire station;
a school site and public park; public and private recreational facilities, including riding and hiking
trails and a trail staging area; an interpretive center and store concession; and roadways and utilities
necessary to serve the proposed development; and
WHEREAS, Amendment No. l to the Mountain Park Specific Plan No. 90-4 is
contained in Volume II of Draft EIR No. 33 l on file with the Planning Department, as amended to
include revisions contained in Exhibit 2 to Planning Commission Resolution No. PC2005-115,
which is incorporated herein by this reference as if set forth in full; and
WHEREAS, the City Council of the City of Anaheim desires and intends to adopt
an ordinance amending the Zoning and Development Standards set forth in Chapter 18.112 of the
Anaheim Municipal Code applicable to the Mountain Park area, as described in Amendment No. l
to the Mountain Park Specific Plan No. 90-4; and
WHEREAS, on July 27, 2005, the Anaheim City Planning Commission did hold a
public hearing upon Amendment No. 1 to the Mountain Park Specific Plan No. 90-4, notice of said
hearing having been duly given as required by law and in accordance with the provisions of Chapter
18.6(), to hear and consider evidence for and against said Specific Plan Amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Anaheim City Planning Commission did
adopt its Resolution No. PC2005-115 containing a report of its findings, a summary of the evidence
presented at said hearing, and recommending that Amendment No. l to the Mountain Park Specific
Plan No. 90-4 be adopted by the City Council; and
WHEREAS, upon receipt of said Resolution No. PC2005-115, summary of evidence,
report of findings and recommendations of the Anaheim City Planning Commission, the City
Council did fix the 23rd day of August, 2005, as the time, and the City Council Chamber in the Civic
Center as the place for a public hearing on said proposed Amendment No. l to the Mountain Park
Specific Plan No. 90-4 and did give notice thereof in the manner and as provided by law; and
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WHEREAS, the City Council did duly hold and conduct such public hearing and did
give all persons interested therein an opportunity to be heard, and did receive evidence and reports
and did consider the recommendations of the City Planning Commission; and
WHEREAS, the City Council has certified Final Environmental Impact Report No.
331, adopting the Statement of Findings of Fact and Statement of Overriding Considerations and
Mitigation Monitoring Program No. l 37, as revised to add Mitigation Measure MM b-9 and amend
Mitigation Measures MM 6-2 and MM 7-1, and has determined that said Final Environmental
Impact Report No. 331 fully complies with CEQA, reflects the independent judgment of the City
Council, and is adequate to serve as the environmental documentation for General Plan Amendment
No. 2(K)5-0(~3b; Amendment No. l to the Mountain Park Specific Plan No. 90-4 (SPN2005-0003 l );
and an amendment to the Zoning and Development Standards set forth in Chapter 18.112 of the
Anaheim Municipal Code applicable to the Mountain Park area.; and
WHEREAS, the City Council does find and determine that Amendment No. l to the
Mountain Park Specific Plan No. 90-4 should be approved, and that the evidence presented shows
that alb of the conditions set forth in Section 18.72.060 of the Anaheim Municipal Code are present.
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of
Anaheim that Amendment No. 1 to the Mountain Park Specific Plan No. 90-4 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 amended specific plan as herein adopted shall be subject to the following conditions:
GENERAL
1. That within thirty (3U) days of the effective date of the Ordinance adopting
Amendment No. 1 to the Mountain Park Specific Plan No. 90-4, the property ownerldeveloper shall
record an unsubordinated covenant, in a form acceptable to the City Attorney's Office, against the
entire property acknowledging that those conditions cif' approval set forth herein which require
completion of certain tasks prior to either submission or approval of the first large-lot or builder
tentative or final parcel or tract map are conditions of said maps required to implement the Specific
Plan and are not necessarily based upon the content of said first map. The covenant shall further
provide that the property ownerldeveloper shall waive any objection to imposition of said conditions
upon the first large-lot or builder tentative or final parcel or tract map which may otherwise be
asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act.
The covenant shall expressly provide that provisions are applicable to all successors and assigns.
?. That the project is expressly conditioned upon the applicants' indemnifying
and holding harmless the City, its agents, officers, council members, employees, boards,
c~c~mmissions and their members and the City Council from any claim, action or proceeding brought
against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set
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WHEREAS, the City Council did duly hold and conduct such public hearing and did
give all persons interested therein an opportunity to be heard, and did receive evidence and reports
and did consider the recommendations of the City Planning Commission; and
WHEREAS, the City Council has certified Final Environmental Impact Report No.
331, adopting the Statement of Findings of Fact and Statement of Overriding Considerations and
Mitigation Monitoring Program No. l 37, as revised to add Mitigation Measure MM 6-9 and amend
Mitigation Measures MM 6-2 and MM 7-l, and has determined that said Final Environmental
Impact Report No. 33l fully complies with CEQA, reflects the independent judgment of the City
Council, and is adequate to serve as the environmental documentation for General Plan Amendment
tio.2()O5-(X)436; Amendment No. l to the Mountain Park Specific Plan No. 90-4 (SPN2005-00031);
and an amendment to the Zoning and Development Standards set forth in Chapter 18.1 l2 of the
,gnaheirn Municipal Code applicable to the Mountain Park area.; and
WHEREAS, the City Council does find and determine that Amendment No. l to the
Mountain Park Specific Plan No. 90-4 should be approved, and that the evidence presented shows
that all of the conditions set forth in Section l $.72.0b~ of the Anaheim Municipal Code are present.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Amendment No. l to the Mountain Park Specific Plan No. 90-4 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 amended specific plan as herein adopted shall be subject to the following conditions:
GENERAL
1. That within thirty (3U) days of the effective date of the Ordinance adopting
Amendment No. ] to the Mountain Park Specific Plan No. 90-4, the property owner/developer shall
record an unsubordinated covenant, in a form acceptable to the City Attorney's Office, against the
entire property acknowledging that thane conditions of approval set forth herein which require
completion of certain tasks prior to either submission or approval of the first large-lot or builder
t~ntati ve or final parcel or tract map are conditions of said maps required to implement 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 any objection to imposition of said conditions
upon the first large-lot or huilder tentative or final parcel or tract map which may otherwise be
asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act.
The covenant shall expressly provide that provisions are applicable to all successors and assigns.
?. That the project is expressly conditioned upon the applicants' indemnifying
and holding harmless the City, its agents, officers, council members, employees, boards,
commissions and their members and the City Council from any claim, action or proceeding brought
a~~ainst any of the foregoing individuals or entities, the purpose of such litigation being to attack, set
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aside, void or annul any approval of the application or related decision, or the adoption of any
environmental documents or FEIR No. 331 which relates to the approval of the Proposed Actions.
This indemnification shall include, but is not limited to, all reasonable damages, costs, expenses,
attorney fees or expert witness fees that may be awarded to the prevailing party, and costs of suit,
attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the
approval of the application or related decision, whether or not there is concurrent, or passive
negligence on the part of the City, its agents, officers, council members, employees, boards,
commissions and their members and the City Council. The property owner/developer shall have the
right to select legal counsel. The City shall have the right to approve, which approval will not be
unreasonably withheld, the legal counsel providing the City's defense, and the applicant shall
reimhurse the City for any costs and expenses reasonably incurred by the City in the course of the
defense. No later than 3U (thirty) days following the City Council's adoption of the Ordinance
approving Specific Plan Amendment SPN 2(}()5-()U031 relating to the Mountain Park Specific Plan,
,amendment No.1,the legal property owner shall provide a letter to the City satisfactory to the City
.Attorney's Office memorializing the foregoing.
3. On an annual basis commencing the first January following the effective date
c}f~the Ordinance adopting Amendment No. l to the Mountain Park Specific Plan, and every January
thereafter, the property owner/developer shall provide an updated phasing plan to the Planning
Services Division of the Planning Department until project build out.
4. That the Specific Plan shall he implemented through the processing of Area
Development Plans, orlarge-lot tract or parcel maps, followed by, or concurrent with, the processing
of builder tentative tracts or parcel maps subject to the following:
(a) The large-lot tract or parcel map shall contain a note to the effect that the map
is being filed for conveyance purposes only; no building permits, except for public facilities, are to
he issued for the lots or parcels created by the map; the recording of a subsequent builder map is
required before building permits can be issued; and an unsubordinated covenant in a form approved
by the City Attorney shall be recorded against the entire site reflecting same and submitted to the
Department of Public Works.
{b) Irrevocable offers of dedication, including necessary construction easements,
for right-of-way improvements for the following arterial highways and park and other public facility
sites listed below and identified in these conditions of approval, shall be made prior to approval of
any final large-lot tract or parcel map for any Development Area that includes one of the following
improvements:
1. Arterial highways including:
a. Santa Ana Canyon Road; approximately 1,600-foot long portion,
immediately west of Gypsum Canyon Road.
b. Gypsum Canyon Road, north of the private entry gates.
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c. Weir Canyon Road, within the project boundaries.
d. Mountain Park Drive, west of the private entry gates.
e. Jamboree Road unless eliminated from the County MPAH and City
General Plan prior to approval of a final map that includes the Jamboree Road alignment. if the
MPAH and General Plan Amendment actions have not occurred, aright-of-way reservation may he
recorded subject to approval of the Director of Public Works or hislher designee.
2. A minimum 15-acre community park site located within Development
,area ~.
3. A Fire Station site, in conformance with the requirements outlined in
the Fire Protection Agreement, pursuant to PDF 1 {)-1, and the Fire Master Plan, pursuant to PDF
1(1-? of Mitigation Monitoring Program No. 1 ~7.
4. A Trail Staging Area.
5. Water Reservoir sites.
PLANNING
5. That in conjunction with the submittal of each large-lot or builder tentative
tract or parcel map, grading plan, or Site Plan, the property owner/developer shall submit
documentation which demonstrates that the development is in conformance with the applicable
guidelines and ordinances established by the Specific Plan.
f~. That in conjunction with the submittal of all Site Plans, and large-lot or
builder tentative tract or parcel maps, the following information andlor plans shall be submitted to
the Planning Department for Planning Commission review and approval:
(a) Location map - drawn to the same scale as the Mountain Park Specific Plan
Development Plan and relating the Site Plan, tentative tract or parcel map to the overall Mountain
Part: project.
(h) Topographic map.
(c) Landscaping plans -indicating the extent and type of proposed landscaping
and including any existing vegetation that will be retained. The property owner/developer shall
~uhmit documentation that confirms that development is in conformance with the Landscape
Ccmcept Plan (Exhibit 8A of the Specific Plan document),
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(d) Vehicular circulation and parking plan -indicating the nature and extent of
public and private streets and lanes, alleys and other public accessways for vehicular circulation,
off-street parking, and vehicular storage.
fie) Fence and wall plans (including sections) -indicating the type of fencing. The
specific fence or wall location shall be shown in addition to the color, material and height. Sections
shall be provided for fences/walls at such locations showing the relationship between the
fences/walls and the public right-of way. Plans shall show that all block walls facing aright-of-way
will be planted and maintained with clinging vines andlor shrubs to eliminate graffiti opportunities,
except where said walls are an integral part of a sign monument or architectural feature subject to
the review and approval of the Planning Commission.
(f) Sign plans -specifying the size, height, location, color, material and lighting
c~f~ signs. Within lots or parcels which are proposed for future development, the property
c}wner/developer shall provide temporary Signs to identify proposed future land uses subject to the
provisions of the Mountain Park Specific Plan, Section 18.1 l 2.110.030.
7. That Site Plans shall include preliminary building plot plans, preliminary floor
plans, front, side and rear building elevations, roof plans, and exterior building materials {including
roofing), roof mounted equipment screening treatment (including view sections or photos to
determine whether the roof-mounted eyuiprnent will be visible) and colors. Site Plans for
Single-Family Detached Residential Zones may show the "typical" building footprint for each
proposed unit, provided that the property owner/developer also provides a statistical summary
showing that the unit proposed for each lot is in conformance with all applicable setback and
huilding coverage requirements.
8 That prior to approval of Site Plan, plans shall be submitted to the Police
Department for review and recommendation, incorporating defensible space concepts and safety
features (i.e., access, visibility, surveillance, lighting, etc.).
9. That prior to approval of each mass grading permit, the property
owner/developer shall submit a construction buffer plan to the Department of Public Works that
includes measures taken to protect adjacent residential uses, including, but not limited to, providing
a chain link fence with green scrim along construction boundaries.
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RESIDENTIAL USES
10. That prior to approval of each final tract or parcel map, the property
ownerldeveloper shall provide an exhibit depicting the Anaheim General Plan designation and the
existing zoning within three hundred (300) feet of the boundaries of the subject tract to the City of
Anaheim Planning Department for review and approval. On-going during sales of dwelling units
in the subject tract, the property owner/developer shall provide each buyer with this written
information.
11. That prior to approval of Site Plans and prior to issuance of building permits
f~~r dwelling units developed pursuant to the RMP-5 and RMP-6 zone development standards, plans
shall he submitted to the Planning Department showing that clothes washer and dryer hookups are
incorporated into each dwelling unit.
12. On-going during sales of dwelling units, the property owner/developer shall
provide the buyer of each dwelling unit with written information pertaining to the schools serving
the dwelling unit.
13. That prior to the final building and zoning inspection foreach lot within a tract
car parcel map, the property ownerldeveloper shall install required fencing together with clinging
vines and/or shrubs as identified on fencing and wall plans approved by the Planning Commission
in connection with the Site Plan, tentative tract or parcel map.
CONVENIENCE MARKET
14. That prior to the final building and zoning inspection for the 421 st dwelling
unit on the east side of SR-241, the property owner/developer shall submit the Site Plan for an
approximately 3,0()0 square-foot convenience market in Development Area 6 to the Planning
Department. The convenience market shall be subject to the approval of a Site Plan by the Planning
Cc~rnmission, in conformance with the procedures set forth in the Mountain Park Specific Plan (Code
Section 18.112.040.030). Prior to the first final huilding and zoning inspection forany dwelling unit
fc~ilowing the l ,250th dwelling unit, the property owner/developer shall construct the convenience
market.
15. Prior to the approval of the Site Plan for Development Area 6 (Trail Staging
,4rea and Convenience Market}, plans shall depict the location and configuration of all lighting
fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements,
or to illuminate pedestrian areas. All proposed parking area lighting fixtures shall bedown-lighted
with a maximum height of twelve (12) feet. All lighting fixtures shall be shielded to direct lighting
av~~ay from adjacent land uses, including the adjacent fire station. All lighting fixture types and
locations shall be identified on the plans submitted for building permits.
l 6. Prior to the approval of the Site Plan for Development Area 6 (Trail Staging
and Convenience Market), building elevations shall show that all elevations of commercial buildings
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are architecturally accented to portray a finished look. Plans shall also show that all building colors,
textures, and materials shall be compatible with the proposed architectural themes of the adjacent
residential communities.
ENGWEERING/SUBDIVISION
17. That the following street design elements shall he shown on all large-lot or
builder tentative tract and parcel maps:
(a) Street cross sections, including dimensions, labels, circulation designation (i.e.
Hil Iside, Primary, Hillside, Secondary, Modified Hillside Collector or Interior) and whether public
car pri vate.
(b) Street grades. Street grades shall not exceed ten percent (1()°I~) except when
approved by the Fire Department and Department of Public Works prior to approval of the tentative
tract i~r parcel map. Said approval shall be documented in the tentative tract or parcel map staff
report.
(c) Horizontal alignment, including centerline radii, and cul-de-sac radii.
18. That the following grading elements shall be shown on all large-lot or builder
tentative tract and parcel maps:
(a) Pad elevations.
(b) Spot elevations along top and toe of all slopes.
(c) Slope setbacks, in conformance with Chapter 17 of the Anaheim Municipal
Cade.
(d) Location and height of all retaining walls and crib walls, excluding electrical,
telephone and CATV facility retaining walls.
{e) A statement regarding whether the Questar {Southern Trails) Pipeline is
currently within the proposed tract boundary or will be relocated within the tract boundary pursuant
tc~ the requirements set forth in MM 1 ~-2 and (0-3 of Mitigation Monitoring Program No. l 31. If
the pipeline ~s to he relocated, the proposed relocation path .shall be delineated on the tentative tract
cyr parcel map.
(f) Cross-Sections to illustrate existing topography and proposed pad elevations
tihown cm the tentative tract or parcel map that are sufficient to indicate the relationship of the
proposal to the nature and extent of the cut and X11 earthwork involved.
(g) Lot dimensions and pad sizes of all lots.
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19. That prior to approval of a large-lot or builder final tract or parcel map,
vehicular access rights to all arterial highways adjacent to subject tract, except at street intersections,
shall be dedicated to the City of Anaheim.
20. Prior to approval of the first final tract or parcel map, the property
ownerldevelopersholl provide for the following:
(a)
1, Private street maintenance.
2. Private Slope landscaping and irrigation maintenance.
3. Private Parkway landscaping and irrigation maintenance.
4. Median island landscaping and irrigation maintenance for private
medians and the public medians in Santa Ana Canyon Road and Mountain Park Drive.
5. On-site and off site open or natural channel storm drain facilities
matntcnancc.
6. Private Open space maintenance.
7. Private sewer maintenance.
8. Maintain liability insurance for riding and hiking trails and bikeways,
the landscaped portions of all parkways; and median islands for non-City required medians in public
streets naming the City as an additional insured, and indemnifying and holding the City of Anaheim
harmless for damages resulting there from.
9. Provision for the replacement of any tree planted in accordance with
project landscaping plans in a timely manner in the event that it is removed, damaged; diseased
and/or dead.
1(). Private storm drain maintenance.
1 1. Private street light maintenance.
(b} That if Items 1 through 12 are to be maintainedl~nanced through a
Homeowner's Association, that prior to the sale of the first unit or final building and zoning
inspection, whichever occurs f rst, the property owner/developer shall submit the original documents
~}f' the covenants, conditions, and restrictions (CC&Rs} for the master association for review and
a}~proval to the Development Services Division of the Department of Public Works and the City
:4ttorney's Office. The approved CC&R's shall be recorded in the office of the Orange County
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Recorder. A copy of the recorded CC&Rs shall be submitted to the Development Services Division
of the Department of Public Works,
(c) That if the responsibility for maintenance of Items l through l 2 is financed
through another financial mechanism acceptable to and approved by the City of Anaheim, said
mechanism shall be established at the expense of the property ownerldeveloperprior to the sale of
the first residential unit or commercial lotlparcel or final building and zoning inspection, whichever
occurs first.
(d) The property owner/developer of each tract or parcel Shall improve all the
here~nabove described median islands and provide maintenance for public medians on Santa Ana
Canyon Road and Mountain Park Drive, including providing the above specified insurance, until
such time as the Homeowner's Association or another acceptable financial mechanism becomes
legally obligated therefore as hereinabove provided,
(e) The property owner/developer shall post a bond in an amount and form
satisfactory to the City cif Anaheim to guarantee performance of the property owner/develo er's
c~hligations herein described, Evidence of the required insurance and bond shall he submi p
tted to and
approved by the City Attorney's Office prior to final map approval.
? 1. Prior to the final building and zoning inspection for any dwelling unit
fallowing the 1,25()th dwelling unit, the property owner shall provide for maintenance of the areas
encompassing public riding and hiking trails, until such time that trails are accepted for dedication
by a non-city public agency ornon-profit entity. The property owner shall be required to rovide
public access to the trails until such time that dedication to a ublic a enc or n - p
P g y on profit entity is
complete.
?2. That prior to approval of the first large-lot or builder final tract or parcel map
or mass grading plan, whichever occurs first, for each Development Area, the legal property owner
shall provide an unsuhordinated Subdivision Agreement, in a form approved by the City Attorne 's
C)fficc. to the City Engineer and l)tilities General Manager for review and a royal a reein y
rcrostruct all backbone street, sewer and storm drain, water, electrical and hiking an ~ g g to
g d equestrian trsal
improvements, as required by the City Engineer and Utilities General Manager, in accordance with
these conditions and the Mountain Park Specif c Plan at the legal property owner's expense. The
clcveloper shall post improvement security in conformance with Chapter 17 of the Anaheim
Municipal Code. The approved agreement shall be recorded concurrently with the final ma .
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?3. That prior to approval of each final tract or parcel map, an unsubordinated
n~ainter~ance covenant shall he submitted to the Development Services Division of the Department
cif' Puhlic Works and approved by the City Attorney's office. The covenant shall include provisions
1«r maintenance of private facilities, including compliance with the approved Water ualit
Mana`rernent Plan, and a maintenance exhihit. The c ~ y
ovenant shall be recorded concurrently with
each final tract or parcel map.
HOUSING
24. Upon release for sale of any attached units within Development Area 5, the
property owner/ builder will notify the Community Development Department of the sales prices of
the attached units. If any of the units are within the affordable price range as defined b the
Community Development Department, the property owner/ builder will fora eri y
p od of sixty (60)
days from the release for sale, make up to twenty (2U) percent of the released units exclusively
available to the City to submit buyers to the property owner/builder. If the City determines to use
down payment assistance, the precise program, the number of units involved and the degree of
assistance for first time buyers will be based upon available funding as determined by the City of
Anaheim.
TRAFFICISTREET IMPROVEMENTS
?5. That prior to approval of each large-lot or builder final tract or parcel map,
whichever occurs first, the property owner/developer shall submit street names for any new public
car private street to the Planning Department for review and approval.
26. That prior to approval of each large-lot or builder final tract or parcel map,
whichever occurs first, the property owner/developer shall submit street improvement plans to the
Development Services Section of the Department of Public Works for review and approval.
27. That prior to approval of each large-lot or builder final tract or parcel map,
whichever occurs first, the legal property owner shall ~rrevocabIy offer to dedicate to the City of
Anaheim easements for street and public utility purposes for all public streets on the final map.
28. That prior to approval of each final tract map or final parcel map, the legal
property owner shall irrevocably offer to dedicate to the City of Anaheim easements, for public
uttl~ty purposes and emergency purposes, including ingress and egress rights for maintenance
purposes, for all private streets on the final map.
29. .That prior to approval of the first final tract or parcel map for Development
Areas 3 or 7, the property owner/developer shall submit improvement plans and an application for
abandonment of street right-of way for consideration by the City Council, for Oak Canyon Drive,
east of Running Springs Road, as depicted on Exhibit 3-17 (Oak Canyon Drive Improvements) of
the Environmental Impact Report No. 331. Prior to issuance of the first building permits in
Development Areas 3 or 7 (excluding models), the property owner/developer shall substantially
complete improvements to Oak Canyon Drive to the satisfaction of the Director of Public Works.
Iron completion of improvements and prior to the first final building or zoning inspection for any
dwelling unit in Development Areas 3 or 7, the property owner/developer or its assignees shall
accept ownership and maintenance responsibilities for the property, unless an alternative ownership
and maintenance agreement satisfactory to the Department of Public Works and the City Attorney's
Office is reached with the Summit Homeowner's Association. If no agreement with the Summit
Homeowners Association is reached, on-going maintenance may be included in a financin
mechanism for the Mountain Park project as approved by the Cit , g
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30. That prior to the first final building and zoning inspection within each tract
map or parcel map boundary, temporary street name signs for all public and private streets shall be
installed if permanent street name signs have not been installed.
31. That the property owner/developer shall be responsible for obtainin all
off-rite right-of way needed for construction of the required im rovements. Should i g
P t become
necessary, due to the property owner/developer's inabil ity to acquire said right(s)-of-way, for the Cit
cif Anaheim to negotiate for and acquire the necessary right(s)-of wa to allow the dev y
y eloper to
construct any public improvements, the property owner/developer shall pay for all costs associated
with such acquisition proceedings. Such costs shall qualify towards the property owner/develo er's
"fair share" contribution, p
~2. That gates shall not be installed across any driveway or private street in a
manner that may adversely affect vehicular traffic in any adjacent public street or alley. Installation
c)f~an}'gates shall conform to Engineering Standard Plans. Said requirements shall he sub'ect to the
review and approval of the City Traffic and Transportation Mana er. Said informati a
g on shall be
tipecifically shown on plans submitted for building permits.
33. That prior to approval of the tentative tract or parcel map encompassing the
rc)und-about proposed at the intersection of Gypsum Canyon Road and Mountain Park Drive, said
round-about shall be designed to the satisfaction of the City Engineer.
GRADINGlSOILS
:~4. On-going during construction, the property owner/developer shall
conspicuously post at the construction site the name and contact information for a representative of
the property owner/developer who surrounding property owners' may contact with any questions or
cclncerns associated with the grading and construction activities on-site.
STREET MAllVTENANCEISOLID WASTE
35. That prior to recordation of final tract or parcel map{s) for Development Area
7. the property owner/developer shall record a covenant in a form approved by the City Attorne
requiring the seller to provide purchaser of each dwelling unit with written information co y
n~cerning
.Anaheim Municipal Code Chapter 14 "Parking Restricted to Facilitate Street Sweeping, Such
written information shall clearly indicate when on-street parking is prohibited and the penalty for
~'lE)latlon.
36. That prior to the approval of the first Site Plan, a Solid Waste Management
Plan with recycling capabilities shall be submitted far review and approval by the Streets and
l?
Sanitation Division of the Department of Public Works. Refuse collection and dis oral for the
Mountain Park Development will comply with AS 939, the Count of p
Management Plan and the Cit of Anahei Y Orange Integrated Waste
y m Integrated Waste Management Plan. Upon occupancy
of the project, implementation of said plans shall commence and shall remain in full effect as
required by the Streets and Sanitation DtviSion of the Department of Public Works.
37. That trash storage areas for single-family attached dwelling units shall be
provided and maintained in a location acceptable to the Streets and Sanitation Division of the
Department of Public Works and in accordance with approved plans on file with said division. Each
single family detached residential unit shall have a designated storage area for standard Anaheim
waste containers within a garage or screened from view from the street right-of-way and outside of
the front setback. Storage areas shall not encroach into the minimum l o' X 2U' dimension of covered
parking stalls. Such information shall be specifically shown on the plans submitted to the Plannin
Commission for Site Plan approval and for building permits. U on occu anc trash st .g
P P y, orage areas
shall comply with City Codes for the screening of trash receptacle areas and access for trash icku .
p p
3$. That prior to approval of each Site Plan, plans shall show that on?site trash
truck turn-around areas are provided per Engineering Standard Details. Said turn?around areas shall
he specifically shown on plans submitted for building permits. On-going during project operation,
the trash trucl,turn-around areas shall he maintained to the satisfaction of the Streets and Sanitation
Division of the Department of Public Works.
SE_
39. That prior to approval of each large-lot or builder final tract or parcel map,
whichever occurs first, the property owner/developer shall submit plans, including sizin
requirements, for the sanitary sewer systems within the tract or parcel ma boundaries for rev' g
P yew and
approval by the City Engineer. The sewer system for the project shall he funded, constructed and
maintained in accordance with the requirements of the Department of Public Works.
4U. That the property owner/developer shall he financially responsible for the
following sanitary sewer-rebated items;
(a) The acyuisition of any required permits, rights-of-way and environmental
assessments.
(b} The design and construction of all required sewers and related facilities as part
cif the improvements for each tract or parcel map, as approved by the City Engineer.
LANDSCAPING
4l . That prior to approval of landscape plans adjacent to all public roadways, tree
types and locations shall be reviewed and approved by the Planning Department and the Department
cif Public Works.
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HYDROLOGY (STORM DRAINS ~
42. That the property owner/developer shall be financially responsible for the
following items:
(a) The construction of the Master Plan drainage facilities.
(b1 The construction of in-tract and local storm drain system improvements.
WATER
43. The Water System Plan (Exhibit 16 of the Specific Plan document) depicts
the locations of the water storage reservoirs and pump stations. Prior to the approval of the first
large-Ic~t car builder tentative tract or parcel map, whichever occurs first, the property
owner/developer shall enter into a written agreement with the Water Engineering Division of the
Utilities Department as to the placement and timing of the water storage reservoirs and pump
stations.
44. That prior to the approval of each large-lot or builder tentative tract or parcel
map and Site Plan, proof in the form of a memo from the Utilities Department, shall be submitted
tc~ the Planning Department to confirm that all water supply planning for the project has been
coordinated with and approved by the Water Engineering Division of the Utilities Department.
45, That in conjunction with the recordation of large-lot or builder final tractor
parcel maps, whichever occurs first, the property ownerldeveloper shall dedicate to the City the land
and easements required for implementation of the water system to support that map. The reservoir
sites tihall be dedicated with the final maps, or when required by the City.
46. That prior to approval of each large-lot or builder final tract or parcel map,
whichever occurs first, the owner/developer shall bond for the construction of the required water
system improvements for the tract or parcel map. Bonds associated with major water facilities such
ati pump stations, water tanks, pressure regulating stations, and transmission mains (16-inches and
largeri will be released upon acceptance by and conveyance to the City. Partial release of bonds
associated with the distribution system mains (12-inches and smaller) and appurtenances which
include, but are not limited to, fire hydrants, valves, service laterals, and meters will be as follows:
K() ~~: ~f the associated bond amount upon acceptance and conveyance of the water distribution mains
tc~ the City; and the remaining 2()%r of the bond amount upon project completion, which includes
Installation of all water meters and final adjustments of valves to grade.
47. That, prior to approval of the large-lot or builder tentative tract or parcel map
that incl udes a water reservoir site, whichever occurs first, the property ownerldeveloper shall submit
plans to the Water Engineering Section of the Public Utilities Department for review and approval
of the water reservoir design, including site screening methods. Reservoirs will be located and
designed in a manner that screens them from public view,
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48. That all backflow equipment shall be located above ground outside of the
street setback area in a manner fully screened from any public street. Any other gar a water s stem
equipment shall be installed to the satisfaction of the Water En ine g y
underground vaults or outside of the street setb g er~ng Division ~n either
ack area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans submitted fora royal b
the Water Engineering Division of the Public Utilities De artment. pp y
P
ELECTRICAL
49. That prior to approval of the first final large lot tentative tractor arcel ma
c-r first builder tentative tract or parcel map, whichever occurs first the ro p p
shall enter into an agreement with Anaheim Public Utilities f _ ' p pe~y °wner/developer
or on site and off site electrical system
improvements to establish a mechanism for the design and construction of the Mountain
Specif;c Plan electrical system. Said agreement shall include b Park
ut not be limited to, the scope of
work, timing, responsibilities, design process and fees, plan check process and fees, easements
inspection fees and transformer maintenance fees, construction coordination and res onsibilit
tiystem operation requirementas and jurisdictional transfers, and rates for o er p y,
p anon of streets.
So. That for construction phasing and scheduling, the property owner/develo er
shall have the responsibility to coordinate all long range construction schedules with the p
Department, Electrical Engineering Division. The ro ert o Ut~l~t~es
p p y wner/developer shall keep the Electrical
Engineering Division apprised of construction phasing, scheduling and pro osed infrastructur
improvements to assure that electrical service is available to meet the r p e
p operty ownerldeveloper's
schedule.
51. That for existing commercial or residential developments along the Santa Ana
Canyon Road west of Gypsum Canyon Read requiring 'cutover' service, the ro er
owner/developer shall install and provide for service from the ro osed Santa A p p ty
1'16.9 kV distribution system. There uirements sh~ p p na Canyon Road
q all he identified in construction drawings for the
installation of a 1?/6.9kV conduit and substructures system and electrical s stem in Santa Ana
C~~nycm Road from the east boundary of the East Hills develo ment to the r y
p p oposed Mountain Park
dc~vetopment site. 'cutover" work not directly associated with the Mountain Park develo ment will
he applied as a credit to the fees for the work. p
52. That to the extent the property ownerldeveloper may qualify for
reimbursement from other benefited properties, the property ownerldeveloper may petition the Cit
Council to establish a reimbursement agreement or benefit district to include other areas y
far the construction and fees for l 2kV under ground gin of benefit
g e extensions and other improvements
henel~iting both developments. Costs associated with the establishment of an such districts shall
he at the expense of the property owner/develo er, y
p
5~. That in conjunction with the recordation of large-lot or builder final tract or
parcel maps, whichever occurs first, the property ownerldeveloper shall dedicate to the Cit the land
Y
15
and easements required for implementation of the Utilities wireless communication system to serve
Mountain Park. The land and easements will be for two sites to install Utilities' transmitter/receiver
antennas. The two antenna sites shall be dedicated with the final maps, or when required by the City.
The property ownerldeveloper shall work with the Utilities and Planning Departments on a mutuall
agreeable location for the equipment to address potential aesthetic im acts within the y
p community.
~4. That the easterly l 600-foot long portion of the Southern California Edison
overhead 1?kV pole line, located along Santa Ana Canyon Road east of SR-241 shall be converted
to an underground system in conjunction with the planned improvements along this section of
roadway. The conversion of the 1600-foot long portion of Southern California Edison lines from
an overhead to underground system shall be at no cost to the City of Anaheim.
PARK AND TRAILSITRAll, STAGDVG AREA
55. That prior tU or concurrent with recordation of the first final large-lot tractor
parcel map whichever occurs first, for either Development Area 3 or 7, the property ownerldeveloper
shall comply with the City's park dedication ordinance to the satisfaction of the Community Services
Department. Satisfaction of the park ordinance will be met by the dedication and development of
one (1), minimum I5-acre community park as specified in the Specific Plan.
56. That the Specific Plan sets forth the riding and hiking trail alignment for the
Gypsum Canyon Regional Riding and Hiking Trail. Prior to the approval of each large-lot or builder
tentati ve tract or parcel map, whichever occurs first, equestrian and hiking trails within that tractor
parcel rnap shall be shown per the Specific Plan to the satisfaction of Community Services
Department and County of Orange. Prior to the approval of each final large-lot or builder tract or
parcel map, whichever occurs first, the property ownerldeveloper shall submit the final alignment
cif the regional riding and hiking trail and any private interior trails proposed within that tract or
parcel map to the Community Services Department for final review and approval, The property
c}weer/developer shall ccrostruct and irrevocably offer to dedicate the public trails (including trail
<<ccess points, signage, furnishings and other related features) in accordance with Specibc Pian, City
~tnd/or County standards, Prior to approval of the final large-lot or builder tract or parcel map,
whichever occurs first, bands shat 1 he pelted fertrail improvements as part of in-tract improvements.
S7. That the park site shall be developed in accordance with CommunityServices
Department standards, the Specific Plan and the City's Park Dedication Ordinance (including local
park site criteria), and will be subject to Community Services Department approval.
~$. That specific facilities for the park shall be determined through the park
master plan process conducted by the Community Services Department.
S9. That the property owner/developer's responsibility for all park development
shall also include all utility connections, fees, permits and charges, all consultant and pro'ect
J
16
inspection costs and any incidental costs relating to the development of the park improvements in
accordance with City requirements.
6U. That the Parks, Recreation and Community Services Department shall have
approval over the following;
(a) Approval of Landscape Architect and other consultants used to design the park
and prepare the construction documents.
(b) Approval of Master Plan, schematic plans, preliminary plans and final plans,
specifications, cost estimates and other construction documents.
(cl Approval of all project materials and products used in constructing the park
and the right of inspection by City staff at property ownerldeveloper's cost.
b 1. That prior to the final building and zoning inspection for the 42l st dwelling
unit on the east side of SR-241 and prior to or concurrent with Planning Commission approval of
the Site Plan for Development Area 6, the property ownerldeveloper shall submit the Site Plan for
a Trail Staging Area/Interpretive Center in Development Area 6, including vehicularcirculation,site
arnenrties, interpretive signage, etc, to the Community Services Department farreview and approval.
Prior to the first final building and zoning inspection for any dwelling unit following the 1,25Uth
dwelling unit, thepropertyowner/developer shall construct and irrevocably offerto dedicate the Trail
Staging Area/Interpretive Center to the City of Anaheim.
62. All dedicated properties shall be free of encumbrances or easements unless
otherwise acceptable to the Community Services Department. Before the dedication of any park or
trail staging area is accepted by the City, a Title Report for that park or trail staging area must he
provided to and approved by the City Attorney's Office.
63. That prior to the approval of the large-lot or builder final tract or parcel maps,
v-~hichever occurs first, where the facilities are located, the park and trail obligations of the property
owner/developer shall be secured by performance bonds, letters of credit or another form of security,
in an amount and form approved by the Cit}~ Attorney's Office and Community Services De artment.
P
64. That the property ownerldeveloper shall construct an up to 5,000 square foot
community center per an approved park concept plan and in consultation with the Community
Services Department including building, parking, landscaping, exterior lighting, patios, and buildin
turn~sh~ngs) as part of the 15-acre park improvements. The im rovement shall be se g
P cured by a
ptrff~rmance bond, letter of credit, or other form of security approved by the City Attorney's Office
and Community Services Department, prior to the approval of the first large-lot or builder tentative
tract or parcel map, whichever occurs first.
17
LIBRARY
65. That pursuant to Resolution No. 89R-235 adopting the Public Librar
Facilities Plan for the East Santa Ana Canyon area, as may hereinafter be amended th y
, e property
c}wner/developer will participate in the funding of the construction of the proposed library facilit
~n the East Santa Ana Canyon area. Fees shall be paid prior to a royal of an final tr y
PP y act or parcel
map (excluding large lot subdivisions), or prior to issuance of a building permit where no
tiubdivision is involved.
66. That prior to the approval of the first large-lot or builder tentative tract or
parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with
the Library Department agreeing to pay fees for a maximum of 2,50[) dwelling units in accordance
with the Public Library Facilities Plan for the East Santa Ana Canyon area in order to ensure that full
payment is made to the City in this regard. Written proof of the Library Agreement shall be
furnished to the Planning and Community Services Departments and shall be subject to the approval
by the Library Section of the Community Services Department and the City Attorney's Office.
POLICE
67. That, prior to issuance of each building permit for a residential dwelling unit,
the property owner/developer shall pay any Police Protection Facilities Fees, that are in affect at the
time c.~f issuance of building permits.
SCHOOLS
68. That prior to the approval of the first large-lot or builder tentative tract or
parcel map, whichever occurs first, in each phase, the property ownerldeveloper shall provide the
Planning Department with adequate proof that the property ownerldeveloper has complied with the
provisions of the Memorandum of Understanding dated December lb, 2004, between the Irvine
Community Development Company. LLC and the Orange Unified School District or any subsequent
agreement entered into between the property ownerldeveloper and the Orange Unified School
District.
69. That in connection with the approval of large-lot or builder tentative tract or
parcel maps, whichever occurs first, for Development Area ~, the school site shall be identified on
the map. Further, until such time as OUSD acquires the school site, the property ownerldeveloper
~hal1 he responsible for maintenance of the site, including installation and maintenance of a
landscaped buffer area along the boundaries of the site abutting any roadway. Plans for said
landscaped areas shall be reviewed and approved by the Planning Director or his/her designee.
70. That the Orange Unified School District shall be encouraged to coordinate
~°ith the City Traffic and Transportation Division to assure that pedestrian access follows the "safe
rc,ute tc~ school" standard and that adequate ingress and egress is provided at all school site entrances
to discourage vehicle idling at curbsides.
18
FIRE
71. That prior to commencement of structural framing on each parcel or lot,
on-site fire hydrants shall be installed and charged as required and approved by the Fire De artment.
Specific information on the design and implementation of the re aired h dram p
q y system network shall
he obtained from the Fire Department.
72. That all lockable pedestrian and/or vehicular access gates shall be equipped
with knox box , or other similar devices as required and approved by the Fire Department.
73. That prior to approval of each Site Plan, where required and approved by the
Fire Department, adequate, unobstructed fire truck turn-around areas, shall be specifically shown on
the Site Plan. The approved fire truck turn-around areas shall be shown on plans Submitted for
building permits. Said turn-around areas shall be permanently marked and maintained to the
satisfaction of the Fire Department. All fire accessways, including public streets in excess of 15()
feet long, must be provided with unobstructed fire truck turn-around areas.
74. That prior to the approval of water improvement plans, the water supply
system shall be designed to provide sufficient fire flow pressure and storage in accordance with Fire
Department requirements.
75. That prior to the placement of building materials on the building site, an all
weather driving surface shall 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
c~1~ the driving surface must meet the requirements of Section 10.2o7(a) of the Uniform Fire Code as
adopted by the City of Anaheim.
FISCAL
76. That prior to consideration of the project by the City Council, the property
owner/developer shall submit a final Fiscal Impact Report to the City.
77. That prior to approval of'the first large-lot tentative tract or parcel map or first
builder tentative tract or parcel map, whichever occurs first, the property ownerldevelo er shall
establish a mechanism, acceptable to the City of Anaheim, to rovide on- oin m p
p g g onitoring and
transmittal to the City of Anaheim of information concerning fiscal impact of all developments
w~~th~n Mountain Park; provided, however, that the subsequent on-going fiscal monitoring may
consist of a letter, subject to the City's approval, if there are no changes proposed by the developer
~~r rc~vernmental entity other than the City of Anaheim to the atisumptions in the fiscal impact report
car development plan, but ii'there are changes, detailed documentation addressing those fiscal impacts
affected shall be required.
19
78. That prior to approval of the first large-lot tentative tract or parcel map or first
buy lder tentat~ ve tract or parcel map, whichever occurs first, the property ownerldeveloper shall form
a community facilities district or other appropriate public financing mechanism acceptable to the
City to assure the project generates continuing revenues to meet the assigned cost of City services,
per the fiscal impact report dated August 8, 2005, on a year by year basis recognizing cumulative
surpluses andlor deficits and to provide monitoring and flexibility to fund any additional future
shortfall should assumptions in the fiscal impact report prove incorrect. The cost to establish the
mechanism shall be borne by the property ownerldeveloper,
79. That prior to the approval of a fire station, the property ownerldeveloper shall
pro~~ide proof to the City in the form of a revised Fiscal Impact Report or other documentation
acceptable to the City Manager or his designate that the project as a whole generates revenues to
meet the assigned cost of City services,
MISCELLANEOUS
80. That the property ownerldeveloper shall beheld responsible for complying
with M~t~gat~on Monitoring Program No, l ~7, established by the City in compliance with Section
? 1081.6 of the Public Resources Code. Furthermore, the property ownerldeveloper shall be
responsible for any direct costs associated with the monitoring and reporting required to ensure
implementation of those mitigation measures identified in Final Environmental Impact Report No.
~~ 1 that have been incorporated into the Mitigation Monitoring Program and which are made a art
e~f these conditions of approval by reference. p
81. That any decision or action required by the Planning Commission for any of
the ahove conditions shall be subject to appeal or review by the City Council within twenty-two (22)
days following the date of such decision or action unless otherwise set forth in the condition.
82. That all Special Maintenance Districts or other financial mechanisms
referenced in previous conditions shall be established at the expense of the propert
owner/developer. y
83. That the property ownerldeveloper shall coordinate with telephone company
serving the area to ensure timely construction and placement of necessary telephone facilities, Prior
icy the approval of each large-lot or builder tentative tract or parcel map, whichever occurs first, the
property ownerldeveloper shall provide proof to the Planning Department in the form of a letter from
the telephone company, that said coordination has occurred.
84. That within thirty (~0) days cif 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, twenty (2U) hard copies and thirty (30) compact discs of the
final document shall be provided by the property ownerldeveloper tothe Planning Department,
20
85. A performance bond, letter of credit, or other form of security in an amount
and form approved by the City Attorney shall secure the obligations of the developer as set forth in
these conditions Said security, as approved shall be provided at the same time as the obligation is
required by the conditions herein.
8b. Prior to commencement of grading activities in Development Areas 3 and 7,
the property ownerldeveloper shall install atwo-foot high silt fence between Weir Canyon Road and
Oak Canyon Drive and along Blue Sky Way to the southwestern property boundary. The fencing
shall provide vector control for adjacent residential properties along the western edge of the project
site. Proof of installation (letter from the property ownerldeveloper and photographs of the fence
shall be submitted to and verified by the Public Works Department.
BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution
Nos. 91 R-?fi3 and 91 R-264 and Specific Plan 9()-4, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this ?~rd day of August, 2(K)5, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF EIM
By
MAYOR OF THE CIT F NAHEIM
.ATTEST': ;`
CI CLER OFT E CITY OF ANAHEIM
5K97S.~~ ~/mgnrdo~/U8.1 ?.0~
2l