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92-067 RESOLUTION NO. 92R- 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ZONING AND DEVELOPMENT STANDARDS FOR CYPRESS CANYON SPECIFIC PLAN NO. 90-3 WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a request from the Coal Canyon Company for approval of Cypress Canyon Specific Plan No. 90-3 (including Zoning and Development Standards and a Public Facilities Plan) to serve as pre-annexation zoning and subsequently regulate the development of the site; and WHEREAS, the Zoning and Development Standards set forth minimum standards and procedures for the development of residential, commercial, and open space land uses within the Specific Plan area as provided for in Chapter 18.93 of the Anaheim Municipal Code; and WHEREAS, the Public Facilities Plan consists of maps and text which describe the backbone public facilities needed to serve the project site and the project conditions of approval set forth the timing and responsibilities relative to public facility installation and maintenance in greater detail; and WHEREAS, the Cypress Canyon Specific Plan No. 90-3 is proposed on the 663-acre Coal Canyon property (Portion 1 of General Plan Amendment No. 317) which is unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence, and generally bordered on the north by the Riverside Freeway (SR-91) and Coal Canyon Road interchange, on the west by the Gypsum Canyon property (Mountain Park development) recently approved by the Local Agency Formation Commission (LAFCO) for annexation to the City of Anaheim, on the south by unincorporated property within the County of Orange, and on the east by unincorporated property within the City of Anaheim's sphere-of-influence and by the Cleveland National Forest. The legal description of the subject property is contained in Attachment A of City Council Resolution No. 92R- 66 , in which the City Council adopted Specific Plan No. 90-3, including conditions; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing on said application, notices of which public hearing were duly given as required by law; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearings, did adopt Resolution No. PC92-7 recommending adoption of Specific Plan No. 90-3, and Resolution No. PC92-8 recommending approval of the zoning and development standards contained in Specific Plan 90-3; and -1- 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, the City Council, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at the City Council hearing concerning the zoning and development standards, does hereby find: 1. That the property proposed for the Specific Plan has unique site characteristics such as topography, location or surroundings which are enhanced by special land use and development standards. 2. That the Specific Plan is consistent with the goals and policies of the General Plan as proposed pursuant to GPA No. 318 and with the purposes, standards, and land use guidelines contained therein. 3. That the Specific Plan results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. 4. That the Specific Plan contributes to a balance of land uses. 5. That the Specific Plan respects enviromnental and aesthetic resources consistent with economic realities. WHEREAS, the City Council does concur with the findings of the Planning Commission recommending approval of zoning and development standards for Specific Plan No. 90-3 set forth in Resolution No. PC92-8. 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 as they apply to the zoning and development standards are present; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, the City Council, in their approval of Specific Plan No. 90-3 (Resolution No. 92R- 66 ), did find that FEIR No. 298 with the Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program, certified March 3, 1992, addressed the environmental impacts and mitigation measures associated with Cypress Canyon Specific Plan No. 90-3, and that FEIR NO. 298 is adequate to serve as the environmental documentation for Specific Plan NO. 90-3. BE IT RESOLVED that the approval of, and exercise of any right under, the Specific Plan Zoning and Development Standards ordinance as hereinafter adopted shall be subject to the following conditions: (Conditions marked with an asterisk are required by established laws, codes, regulations and agreements and are not subject to negotiation. Conditions that are italics have been identified as mitigation measures which must be complied with in connection with and in accordance with the timing of the conditions which they follow. As such, all mitigation measures are included as part of the mitigation monitoring program for this project, as required by Section 21081.6 of the Public Resources Code.) GENERAL 1A. Notwithstanding any provision of the conditions of approval contained herein to the contrary, the property owner/developer may process and (upon approval in accordance with the Subdivision Map Act and Title 17 of the Anaheim Municipal Code) record a tract or parcel map for the limited purposes of conveyances for financing without complying with any of the conditions of approval contained herein which, by their terms, must be complied with prior to submittal of an application for, approval of, or recordation of, a tentative or final tract or parcel map provided: 1. The tract or parcel map shall contain a note to the effect that (i) the map is being filed for financing purposes only and will have no public improvement requirements; (ii) no building permits, except for public facilities, are to be issued for the lots or parcels created by this map; and, 0ii) the recording of a subsequent map is required before building permits can be issued, and an unsubordinated covenant in a form approved by the City Attorney is recorded against the entire site reflecting the foregoing; 2. An unsubordinated covenant in the form approved by the City Attorney is recorded against the entire site to the effect that the property owner/developer and all successive owners of all portions of the site agree: ~' (i) not to contest the formation of any of the special districts, benefit districts or other financing mechanisms set forth elsewhere in these conditions of approval; (ii) to cooperate fully in the formation process; and (iii) to reserve only the right to contest the spread or amount of any assessment against a particular portion of the property; 3. Irrevocable offers of dedication, including necessary construction and adjoining slope easements, for right-of-way for all arterial highways and all trail, park and other public facility sites (fire station and electrical substation sites) identified in these conditions of approval are made prior to the approval of said tract or parcel map; provided that such irrevocable offers shall include a mechanism for adjusting legal descriptions as the precise locations are determined during development; -3- 4. The tract or parcel map otherwise complies with the Subdivision Map Act and Tide 17 of the Anaheim Municipal Code. lB. Notwithstanding any provision of the conditions of approval contained herein to the contrary, the property owner/developer may process and (upon approval in accordance with the Subdivision Map Act and Title 17 of the Anaheim Municipal Code) record a tract or parcel map for the limited purpose of conveyance without complying with any of the conditions of approval contained herein (except as defined in this condition of approval) which, by their terms, must be complied with prior to submittal of an application for, approval of, or recordation of, a tentative or final tract or parcel map provided: 1. The tract or parcel map shall contain a note to the effect that (i) the map is being filed for conveyance purposes only and will have no public improvement requirements; (ii) no building permits, except for public facilities, are to be issued for the lots or parcels created by this map; and, (iii) the recording of a subsequent map is required before building permits can be issued, and an unsubordinated covenant in a form approved by the City Attorney is recorded against the entire site reflecting the foregoing; 2. Requirements 2-4 in Condition 1A, above shall be met; 3. Prior to tentative map approval, the property owner/developer shall comply with the following conditions of approval (the corresponding mitigation measure number is in parenthesis): 2, 5, 7, 33, 35 (if applicable), 112 (9-20), 130 (3-12), 160 (9-23), 161 (9-24), 174, 178 (9-17), 205 (8-12), 223, 224 and 232. 4. That prior to final map approval, the property owner/developer shall submit a Backbone Infrastructure and Financing Plan (the Plan) prepared to the satisfaction of the City Engineer for review and approval by the City Engineer. The action of the City Engineer shall be subject to appeal or review by the Planning Commission within ten (10) days following the date of such action. Any subsequent changes to the Plan shall be subject to the review and approval of the City Engineer. a. The Plan shall identify backbone infrastructure locations, public facility sites and establish a financing mechanism(s) to implement said plans. b. Said plan shall include provisions for the following items: (1) Specific timing for studies, phasing, bonding, completion, etc. Timing should be tied to final map approval or issuance of building permits when possible and the department responsible for verifying completion of each requirement shall be identified; -4- (2) Reciprocal grading and access agreements; (3) Compliance with Conditions of Approval Nos. (the corresponding mitigation measure number is in parenthesis) 129 (3-11), 206 (8-01), 208 (8-02), 209 (8-03), 210 (8-04), 211 (8-05), 212 (8-06), 213 (8-07), 215 (8-10), 221 and 233; (4) A monitoring report shall be submitted to the City Engineer on a semi-annual basis (January 1 and July 1) for review by all applicable departments; and, (5) The approved Plan shall be distributed to all departments and become part of the Specific Plan document so all requirements are centrally located. Any subsequent approved changes shall also be distributed to all departments. c. An unsubordinated covenant in a form approved by the City Attorney shall be recorded against the entire site requiring the property owner/developer and all successive owners of all portions of the site to participate in the implementation of and be subject to the provisions of the Plan. 5. Prior to final map approval, the property owner/developer shall comply with the following conditions of approval (these conditions may be satisfied as part of or separate from the Backbone Infrastructure and Financing Plan - the corresponding mitigation measure number is in parenthesis): 32 (if applicable), 35 (if applicable), 38, 39, 40, 73 (2-01.), 84, 86 (9-01), 90 (9-03), 93, 95 (9~19), 96, 97, 98, 116 (9-27), 121 (9-06), 152 (9-29), 154, 155 (9-10), 156, 157 (9~11), 158, 181 (9-13), 188 (8-11), 190 (6-07), 192 (6-12), 199 (8-15), 200 (8-14), 202 (8-13) and 231. 2. That within thirty (30) days of annexation of the project area to the City of Anaheim, the property owner/developer shall record an unsubordinated covenant against the entire property acknowledging that those conditions of approval set forth herein which require completion of certain tasks prior to either submission or approval of the first 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 tract or parcel map which may othemise be asserted based upon permitted conditions, exactions and fees set forth in the Subdivision Map Act. 3. On an annual basis commencing upon the date of annexation to the City of Anaheim and every January thereafter, the property owner/developer shall provide an updated phasing plan to the Zoning Division of the Planning Department until project buildout. PLANNING-RELATED -5- 4. That the property owner/developer shall be responsible for implementation of all applicable stipulations, if any, in the pubY~c hearings (as noted in the meeting minutes) and in the Cypress Canyon Specific Plan; and, that all future grading and development of the Cypress Canyon project shall display the quality standards represented by the applicant in the public hearings (as noted in the meeting minutes) in conjunction with the Specific Plan process and in the Specific Plan document for all zoning and development standards. 5. That in conjunction with the submittal of each tentative tract or parcel map, grading plan, or Site Plan, the property owner/developer shall submit documentation which describes how the development is in conformance with the applicable guidelines and ordinances established by the Specific Plan. As indicated in the Specific Plan document, the guidelines are intended to be used for general reference as part of the Site Plan review process; however, they are not intended to be used as minimum requirements and it is recognized that all guidelines need not be achieved for any given project. 6. That in conjunction with the submittal of all Site Plans, the following information and/or plans shall be submitted to the Planning Department for Planning Commission review and approval in conformance with Section 18.77 of the Anaheim Municipal Code: A. Location map - drawn to the same scale as the Cypress Canyon Specific Plan Development Plan and relating the Site Plan to the overall Cypress Canyon project. B. Topographic map. C. Landscaping plans - indicating the extent and type of proposed landscaping and including any existing vegetation which is to be retained. The property owner/developer shall submit documentation which confirms that development is in conformance with the Landscape Conceptual Master Plan (Exhibit 19 of the Specific Plan document). D. Vehicular circulation and parking plan - indicating the nature and extent of public and private streets and lanes, alleys and other public accessways for vehicular circulation, off-street parking, and vehicular storage. E. Fence and wall plans (including sections) - indicating the type of fencing. The spedfic fence or wall location shall be shown in addition to the color, material and height. Any fencing located in a manner which may obstruct the view from a public right-of-way shall consist of decorative open-work materials. Sections shall be provided for fences/walls at such locations showing the relationship between the fences/walls and the public right-of-way. Plans shall show that all block walls facing the public right-of-way will be planted and maintained with clinging vines and/or shrubs to eliminate graffiti opportunities, except where said walls are an integral part of a sign monument or architectural feature subject to the review and approval of the -6- Planning Commission. F. Signing plans - specifying the size, height, location, color, material and lighting of such signs. Within lots or parcels which are proposed for future development, the property owner/developer shall provide temporary signs to identify proposed future land uses, e.g. future commercial site, future park/school site, future residential site. Prior to issuance of sign permits, all signage shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight considerations. 7. That in conjunction with the submittal of all tentative tract or parcel maps, the following information and/or plans shall be submitted to the Planning Department for Planning Commission review and approval: A. Location map - drawn to the same scale as the Cypress Canyon Specific Plan Development Plan and relating the map to the overall Cypress Canyon project. B. Topographic map. C. 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. 8. That Site Plans shall include preliminary building plot plans, floor plans, front, side and rear building elevations, roof plans, exterior building materials (including roofing) and colors, and shall be prepared in conformance with the Pre-File submittal requirements on file with the Zoning Division of the Planning Department. Prior to issuance of building permits, final plot plans, floor plans and building elevations shall be in substantial conformance with said preliminary plans. 9.* That prior to approval of Site Plans, plans shall show adherence to the zoning and development code standards, unless a variance from these code standards is processed in accordance with the Anaheim Municipal Code.(4.8.1) 10. That prior to submittal of each tentative tract or parcel map and Site Plan, plans shall be submitted to the Police and Fire Departments for review and approval incorporating defensible space concepts and safety features (i.e., access, visibility, surveillance, lighting, etc.). 11.* That prior to the approval of Site Plans and prior to the issuance of building permits, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 12. That all air conditioning facilities and other ground mounted equipment and trash -7- enclosures shall be properly shielded from view with architectural walls and landscaping, and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 13. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Such information shall be specifically shown on the plans submitted for building permits. 14. That prior to issuance of building permits, it shall be demonstrated that all structures have been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim and approved by the Chief Building Official. Additionally, the following shall apply: Structures shall be designed in accordance with UBC Section 2312, for Zone 4, or the requirements of City of Anaheim and standard practice of the Structural Engineers Association of Californic~ Pertinent data shall be made available to project design engineers and architects. Proof in the form of a letter from the property owner/developer shall be submitted to the Chief Building Official to indicate that the pertinent data was made available to project design engineers and architects. (1-04) Residential Uses: 15.* That in accordance with the requirements of Section 18.02.047 of the Anaheim Municipal Code pertaining to the initial sale of residences in the City of Anaheim Planning Area "B", each buyer shall be provided with written information concerning the Anaheim General Plan and the existing zoning within three hundred (300) feet of the boundaries of subject tract. Prior to issuance of the first certificate of occupancy of each residential tract or parcel map, said written information shall be submitted to the Zoning Division for review and approval. 16. That prior to approval of Site Plans and prior to issuance of building permits for units developed pursuant to the RM-2400 Zone, plans shall be submitted to the Planning Department showing that clothes washer and dryer hookups are incorporated into each dwelling unit. 17. That prior to issuance of residential RM-1200 Zone apartment unit building permits, the legal property owner shall prepare and record on the property an unsubordinated covenant limiting occupancy of each unit to no more than two (2) persons (other than children under the age of two (2) years) per bedroom. Said limitation shall be effective throughout the time the unit is leased and shall be included in each lease/rental agreement. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning -8- Division. 18. That the property owner/developer shall provide the renter or buyer of each dwelling unit with written irfformation pertaining to the schools serving the dwelling unit. A copy of the written information shall be submitted to and approved by the Zoning Division prior to issuance of the first certificate of occupancy for each residential tract. 19. That for single-family detached tracts, the property owner/developer shall install a six-foot high wall/fence along the side or rear lot line of any single-family residential lot line abutting two or more single4amily residential lots prior to the issuance of a certificate of occupancy for said lot. 20. That prior to issuance of a building permit for any single-family detached lot which has less than the minimum lot width required by code, that an unsubordinated covenant shall be recorded on the lot limiting the minimum front building setback line to the front setback shown on the Site Plan (preliminary plot plan) approved for the lot. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 21. That prior to the issuance of the first certificate of occupancy within a tract or parcel map, the property owner/developer shall install required fencing and ringing vines and/or shrubs as identified on fencing and wall plans approved by the Planning Commission in connection with the Site Plan. 22. That prior to the approval of Site Plans for RM-1200 and RM-2400 Zone complexes, plans shall be submitted to and approved by the City Traffic and Transportation Manager indicating how the vehicular security gates and vehicle turn-around area will function. Further, for parking spaces located along the entry driveways, plans shall be in conformance with Engineering Standard Detail No. 607 (Driveway Location Planning). Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of a building permit. 23. That for single-family reverse corner lots (a comer lot, the side street line of which is substantially a continuation of the front lot line of the comer which it rears), there shall be a minimum 10-foot or greater building and fence/wall setback subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight considerations. Commercial Uses: -9- 24. That the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas, shall be shown on all commercial Site Plans. All proposed parking area lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines to protect the integrity of the residential neighborhoods. All lighting fixture types and locations shall be identified on the plans submitted for building permits. 25. That within the commercial development areas, no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 26. That no roof-mounted equipment shall be permitted. 27. That all commercial parking areas immediately adjacent to the landscaped areas abutting Santa Ana Canyon Road and Coal Canyon Road shall be screened from view by a 3-foot high landscaped berm. Said screening shall be shown on landscaping plans submitted in connection with Site Plans and on plans submitted for building permits. 28. That in connection with the submittal of commercial Site Plans for Planning Commission review and approval, building elevations shall show that the rear elevations of commercial buildings visible from off-site areas shall be architecturally accented to portray a finished look. Plans shall also show that all building colors, textures, and materials shall be compatible between on-site commercial uses. 29, That any outdoor order speaker, such as for a drive-through facility, shall be equipped with an operable volume control. 30. That on-premise sale and consumption of alcohol shall occur subject to the approval of a conditional use permit and only in conjunction with the sale, serving and consumption of prepared food items (restaurants) and/or in conjunction with hotel uses. 31. That prior to the approval of landscape plans for commercial areas, plans shall show that minimum twenty-four inch (24") box trees shall be planted on-site. Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. 32. That in the event a tract or parcel map for less than an entire Commercial Development Area is proposed, prior to the recordation of said map, an unsubordinated management and maintenance covenant, approved by the City Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A -10- City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. Provisions shall be made in the covenant that the entire Commercial Developmere Area shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, land usage, maintenance and architectural control, that plans shall provide for reciprocal access and parking and that the covenant shall be referenced in all deeds transferring all or any part of the property. ENGINEERING/SUBDMS!ON 33. That the following street design elements shall be shown each tentative tract and parcel map: a. Street cross sections, including dimensions, labels, circulation designation (i.e. Hillside-Primary, Hillside-Secondary, Hillside-Collector) and whether public or private. b. Street grades. Street grades shall not exceed ten percent (10%) except when approved by the City Fire and Public Works-Engineering Departments prior to approval of the tentative tract map or parcel map. Said approval shall be documented in the tentative tract or parcel map staff report or in the minutes of the public hearing. c. Horizontal alignment, including centerline radii, and cul-de-sac radii. 34. That the following grading elements shall be shown on each tentative tract and parcel map: a. Pad elevations b. Spot elevations along top and toe of all slopes c. Slope setbacks, in conformance with Table 17-A of Chapter 17.06 of the Anaheim Munidpal Code. d. Demonstrate contour grading in conformance with Council Policy No. 211 including slope ratios, radius at the toe of slope and location of planting bays. e. Location and height of all retaining walls and crib walls. f. A statement regarding whether the Four Comers Pipeline is currently within the proposed tract boundary or is proposed to be relocated within the tract boundary. If the pipeline is to be relocated, the proposed relocation path shall be delineated on the tentative map. -11- g. Cross-Sections to illustrate existing topography and proposed pad elevations shown on the tentative tract or parcel map - sufficient to indicate the relationship of the proposal to the nature and extent of the cut and fill earthwork involved. h. Lot dimensions and pad sizes of all lots 35. That prior to the approval of a tentative tract or parcel map, any lots not fronting on a public street and/or gaining access off of a private street shall be reviewed and approved by the City Traffic and Transportation Manager. Further, that an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, shall be recorded with the Orange County Recorder prior to or concurrent with the final tract or parcel map. A copy of the recorded agreement shall be submitted to the Zoning Division. 36. That prior to approval of final tract or parcel maps, vehicular access rights to all arterial highways adjacent to subject tract, except at street openings, shall be dedicated to the City of Anaheim. 37. A. Prior to approval of each final tract or parcel map, the property owner/developer shall provide for the following: 1. Private street maintenance 2. Hiking and equestrian trails maintenance over all trails except in open space areas accepted for dedication to non-city public agencies or non-profit entities 3. Slope landscaping and irrigation maintenance including conformance with Condition No. 56 herein 4. Parkway landscaping and irrigation maintenance 5. Median island landscaping and irrigation maintenance for private and non-City required medians 6. On-site and off-site open or natural channel storm drain facilities maintenance 7. Open space maintenance 8. Private sewer maintenance 9. NPDES Permit Best Management Practices and the City of Anaheim's requirements to protect surface waters 10. Maintain liability insurance for trails, except for those in open space areas -12- accepted for dedication in fee to public agencies or non-profit entities; the landscaped portions of all parkways; and, median islands for non-City required medians in public streets naming the City as an additional insured, and indemnifying and holding the City of Anaheim harmless for damages resulting therefrom. 11. Provision for the replacement of any tree planted in accordance with project landscaping plans in a timely manner in the event that it is removed, damaged, diseased and/or dead. 12. Private storm drain maintenance 13. Private street light maintenance 14. That cleaning of all paved areas not maintained by the City of.Anaheim shall be done on a monthly basis, including, but not limited to, private streets and parMng ~ lots. Using water to clean streets, paved areas, parking lots and other areas and flushing the debris and sediment down the storm drains is prohibited. (2-08) B. That if Items 1 through 14 are to be maintained/financed through a Homeowner's Association, that prior to the sale of the first unit or the issuance of the first certificate of occupancy, whichever occurs first, the property owner/developer shall submit the original documents of the covenants, conditions, and restrictions (CC&Rs) for the master association for review and approval to the Subdivision Section and the City Attorney's Office. The approved CC&R's shall be recorded in the office of the Orange County Recorder. A copy of the recorded CC&Rs shall be submitted to the Subdivision Section of the Public Works-Engineering Department. C. That if the responsibility for maintenance of Items 1 through 14 is financed through another financial mechanism acceptable to and approved by the City of Anaheim, said mechanism shall be established at the expense of the property owner/developer prior to the sale of the first residential unit or commercial lot/parcel or the issuance of the first certificate of use or occupancy, whichever occurs first. D. The property owner/developer of each tract or parcel shall improve all the hereinabove described parkways and median islands and provide maintenance for non-City required parkways and medians, including providing the above specified insurance, until such time as the Homeowner's Association or another acceptable financial mechanism becomes legally obligated therefore as hereinabove provided. E. The property owner/developer shall post a bond in an amount and form satisfactory to the City of Anaheim to guarantee performance of the property owner/developer's obligations herein described. Evidence of the required insurance and bond shall be submitted to and approved by the City Attorney's Office prior to final map approval. -13- 38. That prior to approval of the first final tract or parcel map or mass grading plan, whichever occurs first, for each phase, the legal property owner shall provide a Public Improvement Agreement, in a form approved by the City Attorney, agreeing to construct all backbone street, sewer and storm drain improvements as required by the City Engineer and Utilities General Manager at the legal property owner's expense. The developer shall post improvement security in conformance with Sections 17.08.450, 17.08.460 and 17.08.470 of the Anaheim Municipal Code. The agreement shall be recorded in the Office of the Orange County Recorder. A copy of the agreement shall be submitted to the Subdivision Section of the Public Works-Engineering Department. 39. That prior to approval of each final tract or parcel map, whichever occurs first, the legal property owner shall provide an unsubordinated Subdivision Agreement, in a form to be approved by the City Attorney, agreeing to complete the public street, sewer, storm drain, water, electrical and hiking and equestrian trail improvements required for the subdivision at the legal property owner's expertise. The developer shall post improvement security in conformance with Sections 17.08.450, 17.08.460 and 17.08.470 of the Anaheim Municipal Code. The agreement shall be recorded concurrently with the final map. 40. That prior to or concurrently with the recordation of each final tract or parcel map, whichever occurs first, the property owner/developer shall record against the entire tract or parcel an unsubordinated covenant, in a form approved by the City Attorney, imposing against each and every lot in the tract or parcel the obligation to maintain all slopes, open space, private streets, and private utilities unless a financial mechanism acceptable to the City has been established to provide for the maintenance of these items. The slopes and areas to be maintained under this covenant shall be those determined by the City Engineer as required by the Anaheim Municipal Code. The obligations of the covenant shall survive unless and until CC&R's are recorded, or a financial mechanism acceptable to the City is established, which assumes all duties required under the covenant. A copy of the recorded covenant shall be submitted to the Subdivision Section of the Public Works-Engineering Department. 41. That prior to approval of each final tract or parcel map, a Maintenance Exhibit shall be submitted to and approved by the City Engineer outlining the maintenance obligations within the map boundaries as required by Condition No. 37. Said exhibit shall be recorded with the CC&R's or as a separate document if another financial mechanism acceptable to the City is established. GRADING/SOILS 42. That prior to approval of grading plans, the property owner/developer shall submit a grading plan prepared by a civil engineer based on recommendations of a soils engineer -14- and an engineering geologist. All grading plans shall be subject to the approval of the City Engineer. Grading plans shall conform to the procedures and requirements of Chapter 1Z06, "Grading, Excavation and Fills in Hillside Areas" of the Land Development and Resources section of the Anaheim Municipal Code and to Council Policy No. 211 on hillside grading. The design criteria for hillside grading which is delineated in Council Policy No. 211, includes standards related to curved linear slopes, transition with natural slopes, varying ratios and planting bays. (1-01) 43. That prior to submittal of each tentative tract or parcel map, the property owner/developer shall submit to the City Engineer for review and approval a preliminary soils and geological report prepared by an engineering geologist and a geotechnical engineer. This report shall be prepared to the satisfaction of the City Engineer and shall show compliance with all design criteria and mitigation measures set forth in FEIR No. 29& The purpose of the report is to provide detail and refinement of mitigation measures included in FEIR No. 298 and to provide greater detailed geotechnical design criteria necessary to minimize (and mitigate to below a level of significance) potential impacts related to geotechnical constraints (It is not anticipated that any major, previously unidentified geotechnical constraints will be identified in this report. This approach is consistent with the tiering concept encouraged by CEQA, as described in Section 15152 of the CEQA Guidelines). The report shall address, but not be limited to, the following: A. Recommended Structural Setbacks - Daylight cuts in the western ridge area shall require structural setbacks of 30 to 50 feet from top of slope due to the steepness of the descending natural slopes. A minimum setback of 30 feet from the top edges of slopes shall be utilized for all structures, pavements and street improvements, including shoulders. Where slopes are steeper than 2:1, setback distances shall be dependent on recommendations from the geotechnical engineer as stated on page D-3, Appendbc D, of the geotechnical report (January 1991, included as a technical appendix to FEIR No. 298). All recommended setbacks shall be incorporated in the design of the tentative subdivision map. B. Rockfall Potential - A more detailed analysis of rockfall potential, including recommended locations of temporary and/or permanent debris fences and/or deflection structures and recommended structural setbacks shall be provided. This report shall be reviewed by CalTrans concurrent with the submittal to the City Engineer. All recommended setbacks shall be incorporated in the design of the tentative subdivision map. Prior to the approval of Site Plans and issuance of building permits, all structures shall be in compliance with the setbacks recommended in the report. The type and location of recommended debris fences and/or deflection structures shall be identified on the tentative tract or parcel map within an area identified as having rock fall potential. (1-02) 44. That prior to approval of grading plans, the property owner/developer shall submit to the City Engineer for review and approval, a thorough soils and geological report, based on -15- proposed grading and prepared by an engineering geologist and geotechnical engineer. The report shall be prepared to the satisfaction of the City Engineer and shall show compliance with all design criteria and mitigation measures set forth in FEIR No. 298. The grading plan shall be in conformance with all recommendations of the report. The report shall address, but not be limited to, the following: A. Compressible Soils/Settlement -- The most compressible near-surface material shall be removed and recompacted (overexcavated) and monitored after completion of grading by the project geotechnical engineer for post-construction settlement utilizing settlement plates in the areas of saspected settlement. Areas of settlement shall be monitored until settlement rates and projected total settlement are within safe limits for the planned construction, as determined by the approved soils and geologic report. Deep fills shall also be monitored to ensure proper compaction prior to constructior~ B. Cut Slope Shear Strength -- West and northwesterly facing cut slopes shall be evaluated by the project geotechnical engineer to determine whether adversely oriented bedding planes with low shear strength values exist. If the soils and geologic report indicates low shear strength values on any cut slopes, the project geotechnical engineer shall refine the proposed grading plan in order to ensure that all proposed slopes are stabilized within safe limits for the planned construction, as determined by the approved soils and geologic report. C. Cut Slope Stabilization -- Cut slopes excavated in the silty sandstone materials of the Silverado and Williams Formation with a vertical height in excess of 20 feet shall require stabilization fills. The project geotechnical engineer shall design the stabilization fills in a manner which mitigates surficial instability and ensures that all proposed slopes are stabilized within safe limits for the planned construction, as determined by the approved soils and geologic report. D. Stabilization of Landslides -- This shall be accomplished by one or a combination of the following procedures: complete removal; partial removal and buttressing; or stabilization in place utilizing buttress fills or shear keys. The EIR geotechnical report (DEIR Appendb: B, ICG, Inc., 1/25/91) concludes that landslides occurring outside of development areas do not appear to present any risk to person or property; therefore these landslide areas will not require any grading activity. E. Stabilization of Slopes -- Stabilization of adverse geologic structure in proposed slopes will entail remedial earthwork during mass grading and will be stabilized by earth buttresses. Buttresses shall be designed on a slope-by-slope basis in accordance with established procedures to meet safety factors in accordance with the standards of practice and all City of Anaheim regulations. F. Overexcavation of Compressible Materials -- Overexcavation of compressible materials including topsoil, alluvium, colluvium, recent landslides and major portions of ancient landslides in areas to receive fill, shall be required and the location and the extent of overexcavation shall be identified. G. Alluvial Soils -- All of the alluvial soil within the developable portion of the site (along the bottom of Coal Canyon) is to be buried under fill materials. Surface drainage shall be controlled by a concrete box culvert to be installed concurrently with street improvements (refer to the Drainage Master Plan, DEIR Exhibit 19). H. Alluvial/Colluvial Soils -- Deposits of alluvium and colluvium to be left in place shall be expected to undergo a portion of primary consolidation as grading takes place. Similarly, most of the primary consolidation is expected to occur during placement of the fill. As a guide, excavations shall be taken to depths where the relative compaction is at least 90 percent, and the moisture content is at or above optimum. I. Oversize material (large rock matedHal) -- Oversize material generated during grading of the site shall be handled by a combination of strategies, including burying the matedHal within planned fill areas, placement on-site in non-structural waste rock areas, and removal off-site for processing elsewhere, to be ultimately used as construction material or burying at another site. J. Rockfall Potential -- Debris fences and/or deflection structures shall be used to contain rocks dislodged over the slope during grading operations. Prior to the issuance of grading permits for areas including these slopes, plans shall be submitted to CalTrans and the City Engineer showing the type and location of the debris fences and/or deflection structures. I~ Seismicity Study -- More detailed seismicity studies of the Cypress Canyon project shall be submitted to the City Engineer for review and approval concurrently with grading plans. Said studies shall include a site specific seismic risk analysis. Graded slopes shall be analyzed for earthquake loading in accordance with accepted standards of practice which deal with factors of safety. The grading plan shall be in conformance with all recommendations of the site specific seismic study. (1-03) 45. That prior to approval of grading plans within an area in which the Four Corners Pipeline (FCPL) is located or is proposed to be relocated, the property owner/developer shall obtain the approval of the Four Corners Pipeline Company. If the pipeline is located or will be relocated within the public right-of-way, the Four Corners Pipeline Company shall secure a franchise agreement from the City of Anaheim. Provisions of the franchise shall be in conformance with the City Charter and approved by the Four Corners Pipeline Company and by the City of Anaheim prior to approval of the grading plata Said agreement shall be submitted to the City Attorney's Office for review and approval as to form. (11-01) 46. That prior to approval of any grading plan within an area wherein the Four Corners -17- Pipeline exists or is proposed to be relocated, the property owner/developer shall submit a safety plan to the City Engineer. If there are any environmental concerns relating to developing adjacent to the pipeline or relocating it identified during subsequent CEO. A reviews, the property owner/developer shall be responsible for financing/implementing any necessary mitigation measures. Said plan shall be approved by the Four Comers Pipeline Company and reviewed by the City. Relocation of the pipeline shall occur at no cost to the City. (11-02) 47. During grading; site preparation, excavation and earthwork completion operations shall be performed under the observation and testing of a geotechnical engineer and an engineering geologist. (1-07) 48. That prior to approval of grading plans, the property owner/developer shall submit a monitoring plan, prepared by an Orange County certified archaeologist, to the Subdivision Section that ensures that the following actions are implemented: A. The archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If the archaeological resources are found to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. B. Specimens that are collected prior to or during the grading process will be donated to the appropriate educational or research institutions. C. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. D. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading; the archaeologist shall notify the City Engineer as to when the final report will be submitted. A copy of the final report shall be submitted to the Zoning Division. E. If the Public Works - Engineering and Planning Departments determine that development of the proposed project will have any impact on the site of the Claymont Clay Mining complex and Confidence Coal Mine (located within the property sold to the Nature Conservancy/State Department of Fish and Game), further documentation shall be prepared by the Specific Plan area property owner/developer in order to preserve information relating to early mining in Orange county. This documentation shall include, but not be limited to, archeological exploration/mapping and historical research. These findings shall then be incorporated into an Archaeological/Historical Report -18- consistent with professional standards. (4-01) 49. That prior to approval of mass grading plans, the property owner/developer shall submit a monitoring plan, prepared by an Orange County certified paleontologist to the Subdivision Section that ensures that the following actions are implemented: A. The paleontologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of fossils if potentiaily significant paleontological resources are uncovered. If the paleontological resources are found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. B. Known paleontological sites identified through the literature and records search and the field survey shall be reviewed by trained paleontologists before any earth moving activities start. C. Specimens that are collected prior to or during the grading process will be donated to the appropriate educational or research institutions. D. The property owner/developer shall provide the City Engineer with proof, in the form of a letter from the paleontologist that the property owner/developer has £rovided the paleontologist with detailed mapping of geologic units present on the property. Said mapping shall be prepared by a geotechnical engineer. If the information is deemed to be incomplete by the paleontologist, then time, as determined by the City Engineer, shall be provided to the paleontologist to complete such mapping prior to grading. E. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the archeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. F. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the paleontologist shall not~yy the City Engineer as to when the final report will be submitted. A copy of the final report shall be submitted to the Zoning Division. (4-02) 50. That prior to approval of grading plans, evidence shall be presented to the Public Works-Engineering Department that the property owner/developer has notified the U.S. Coast and Geodetic Survey regarding the relocation of the historic benchmark and associated witness post. Any relocation of the historic benchmark and associated witness post shall be carried out in cooperation with the U.S. Coast and Geodetic Survey. (4-03) 51. That in conjunction with the s~bmittal of each mass grading plan, the property owner/developer shall submit a dust and erosion control plan for review by the Subdivision Sectior~ The dust and erosion control plan shall be approved by the City Engineer concurrently with the muss grading plar~ The dust and erosion control plan shall: A. Specify steps that will be taken to comply with South Coust Air Quality Management District (SCAQMD) Rule 402, which requires that there be no dust impacts off-site sufficient to cause a nuisance and SCAQMD Rule 403, which restricts fugitive dust emissions; B. Specify measures to be taken to control dust including daily watering of exposed surfaces during and after grading; ceusing grading operations during strong winds when fugitive dust is leaving the site, planting or polymer soil binding program to cover disturbed areas us soon us possible, wushing wheels of trucks traveling on City streets and the feusibility of conducting grading in a phused manner to minimize the area of exposed surfaces. Further, the property owner/developer shall submit an exhibit to the Field Engineer each quarter showing exposed areus covered by hydroseeding or polymer and permanently landscaped areus; C. Show compliance with standard City meusures for dust control as specified in Section 17.06.040 of the Anaheim Municipal Code and the Standard Specifications for Public Works Construction; D. Specify a dust and erosion control phusing plan designed to limit the exposed areus by completing and covering graded areus before additional areus are graded. (6-01) 52. That prior to the public hearing for each grading plan, the property owner/developer shall submit an erosion control plan prepared by a registered civil engineer for review by the Subdivision Section. Erosion/runoff shall be controlled per City requirements, and shall include provisions to prevent alteration, sedimentation or other deposition of material in preserved drainage courses. The erosion control plan shall be prepared in compliance with the mitigation measures identified in Final EIR No. 298 and shall be approved by the City Engineer concurrently with the grading plan. The erosion control plans shall be updated each year, prior to October 15th, until development is complete. After each storm (i.e. rainfall of at leust 1 inch within a 24 hour time period), a summary shall be submitted to the Field Engineer indicating the performance of the erosion control facih'ties, the schedule for cleanup and repair, and planned improvements to devices that did not perform satisfactorily. The Erosion Control Plan shall include, but not be limited to, the following: A. During the interim period before the ground cover takes hold, straw, wood chips, hydroseeding; plustic (visqueen) or other stabilizing agents shall be used. B. Soil on graded slopes shall be strengthened by planting to reduce the potential of erosion -20- when directed by the City Engineer. C. Site construction shall be phased, so the interim condition may require temporary toe ditches, risers, and headwalls. Interim erosion control facilities shall include, but not be limited to, sandbagging; desilting basins and additional measures as approved by the City Engineer. D. Regarding trails identified as County Regional Trails, the property owner/developer will be required to obtain County review and approval of trail right-of-way alignments, widths and improvements to insure their consistency with County trail standards. Grading plans for trails will also be reviewed and approved by the City Engineer. Conformance with City Standards will minimize the incidence of irrigation runoff and grading irregularities. (2-03) 53. That prior to approval of grading plans, the property owner/developer shall submit drainage plans for review and approval by the City of Anaheim Public Works - Engineering Department. The drainage plans shall provide for diversion of runoff to minimize downstream erosion and cutting; however, the plans shall also be designed to ensure that the existing quantity and quality of water supplies to downstream areas are consistent with the existing conditions. (3-15) 54. That prior to approval of the first mass grading plan for Development Areas 10, 11A, 11B, 12 and a portion of 15, which are adjacent to the Owl Rock sand and gravel operation, landscaping plans, including provision for a temporary landscaped betre/screening for the areas adjacent to the Owl Rock sand and gravel operation boundary, shall be submitted to the Planning Department for review and approval by the Planning Commissior~ The slope landscaping and irrigation shall be installed and certified by the responsible Landscape Architect in conformance with Section 1Z06.137 of the Anaheim Municipal Code prior to approval of the first plot plan grading plan for said areas. The landscaping plans shall be prepared in compliance with landscape mitigation measures identified in FEIR No. 298. (6-08) 55. That prior to the commencement of any blasting; the property owner/developer shall obtain a permit from the Anaheim Fire Marshal pursuant to the City of Anaheim Municipal Code (Section 1Z06.270 '~xcavation Blasting - Permit, Application and Report" of Title 17) and notice of the commencement date of blasting shall be provided to all property owners within the Cypress Canyon boundaries, property owners within one-half mile of the blasting area, Caltrans, the County of Orange, the City of Yorba Linda and any other persons/agencies determined appropriate by the Fire Marshal/City Engineer. (1-05) 56. That prior to issuance of building permits, the property owner/developer shall submit a program for review and approval by the City Engineer, to provide for: (1) the installation and maintenance of near surface moisture monitoring devices on manufactured slopes, and (2) the retention of services, on a quarterly basis, of a qualified professional to control burrowing animals on manufactured slopes in an environmentally safe way. The program shall be funded by the property owner/developer or another financial mechanism acceptable to the City of Anaheim. (1-06) LANDSCAPING 57. That prior to the approval of the first landscape plan, a tree and plant palette shall be submitted for review and approval by the Planning, Fire and Maintenance Departments. 58. That prior to approval of landscape plans adjacent to all public roadways, tree types and locations shall be reviewed and approved by the Director of Maintenance. Root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks and/or public fight-of-way. 59. That prior to approval of landscape plans for each tract or parcel map, fuel modification plans shall be reviewed and approved by the Fire Department. Fuel breaks shall be provided as determined to be necessary by the Fire Department and the fuel modification program shall be implemented as outlined in the Specific Plan document. The fuel modification program (detailed in the Cypress Canyon Specific Plan documenO consists of fuel modification zones for natural plant materials to reduce fire hazards adjacent to residential areas. (9-12) 60.* That landscape plans shall provide for native slopes adjacent to newly constructed homes to be hydroseeded with a low fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish a minimum of thirty (30) feet of separation between flammable vegetation and any structure. 61. That prior to the approval of each mass grading plan, a Master Specimen Tree Removal Permit shall be submitted for review and approval by the Planning Commission. The property owner/developer shall submit an annual letter to the Zoning Division, commencing the first January following the issuance of the Master Specimen Tree Removal Permit, to document the number and location of the trees replaced in accordance with the requirements of the Master Specimen Tree Removal Permit, and prior to landscaping bonds being released for development in each phase of the project, the property owner/developer shall submit to the Zoning Division proof in the form of written documentation and a final Specimen Tree Replacement Location Map that all replacement trees within the phase have been planted and have been established for a minimum period of one year in accordance with approved landscape plans. All subsequent specimen tree removal requests shall be processed in accordance with Section 18.76.130(F) of the Anaheim Municipal Code (Specimen Tree Ordinance). Specimen trees to be affected by development are shown on DEIR Exhibit 24, Impacts to Specimen Trees. Specimen trees shall be replaced at a 2:1 ratio and shall be planted in the habitat -22- replacement urea and on manufactured slopes throughout the project. (3-09) 62. That individual trees shall be removed only after issuance of the mass grading permit covering the area which includes the trees. Further, the mass grading plan shall specify the number of trees to be removed in accordance with the Master Specimen Tree Removal Permit. 63.That prior to approval of grading plans, the property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Program to integrate and phase the installation of common urea and streetscape landscaping with the proposed grading and construction schedule to the Zoning Division for review and approval. ~1. The landscape plans shall be based on the conceptual landscape plans approved by the Planning Commission in connection with Site Plan, tentative tract or parcel map approval. ff grading plans are processed prior to subdivision or Site Plan approva~ then the landscape plans shall be submitted to the Planning Commission for a noticed public hearing in the same time and manner as required for review of Site Plans. B. The landscaping plans shall be prepared and certified by a licensed landscape architect. The landscape architect shall submit certification in accordance with ~lnaheim Municipal Code Section1ZO6.13Z The landscape plans shall provide visual screening of urban uses (residential, commercial, schoo~ water tank) from open space areas on- and off-site and shall inclade heavy emphasis on drought-resistent and fre-retardant vegetation and be in conformance with City requirements and standurds. C. The Irrigation Management Program shall specify methods for monitoring the irrigation system, and shall be designed by an irrigation engineer (certification to be submitted in accordance with~4naheim Municipal Code Section lZ06.137). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels and frequencies. D. Each landscaping and irrigation l~lan shall inclade the installation of low water using landscape and low volume irrigation systems in accordance with the guidelines established in the State of California Water Efficient Landscape Model Ordinance set forth by Assembly Bill 325, including, but not limited to, design features that conserve water such as controlled irrigation systems which may employ drip irrigation, soil moisture sensors, and automatic systems that minimize runoff and evaporation, and use of mulch on top of soil to improve water holding capacity of public landscaped ureas; and, use of xeriscape and droughtstolerant species for landscaping. Plans indicating such conservation measures shall be reviewed and approved by the Utilities Department prior to approval by the Zoning Division~ (2-04) 64. That prior to the submittal of model home final landscape plans to the Zoning Division for review and approval, the property owner/developer shall work with the Utilities Department to develop demonstration projects utilizing water conserving landscape and irrigation systems for Cypress Canyon model homes. 65. That prior to the issuance of the first certificate of use or occupancy for any structure within each tract or parcel map, a licensed landscape architect shall certify to the Zoning Division, in conformance with Section 17.06.137 of the Anaheim Municipal Code, that the landscaping has been installed for the individual tract or parcel maps in accordance with a phasing plan approved with the landscape and irrigation plans. 66. That prior to the issuance of each certificate of occupancy for residential structures in the RS-4000 Zone, the property owner/developer shall be responsible for installing front yard landscaping. Further, a licensed landscape architect shall certify to the Zoning Division, in conformance with Section 17.06.137 of the Anaheim Municipal Code, that the landscaping has been installed in accordance with landscaping plans approved by the Planning Commission. 67. That in order to minimize the possibility of invasion of native habitats by non-native invasive plant species, no such plant species shall be used in landscape plans, fuel modification zones or buffer zones which interface with the preserved natural open space areas. As indicated below, some of these plant species may be utilized in areas which do not interface with open space areas. Any CC&Rs will provide that planting or disposal of cuttings of these or any other ornamental plants in preserved natural open space areas is strictly prohibited. Controlled invasive species will include the following: Giant reed (Arundo donax)* Hottentot-fig (Carpobrotas edulis) Garland chrysanthemum (Chrysanthemum coronarium)* Pampas grass (Cortaderia atacamensis)* French broom (Cytisus monspessulans) · Scotch broom (Cytisus scoparius) · Bermuda buttercup (Oxalis pes-caprae) * · German ivy (Senecio mikanoides) · Pink periwinkle (Vinca major) · Tamarisk (Tamarix spp.) * · Gorse (Ulex europaeus) · Chinese Tree-of-Heaven (Ailantis spp.)* · Indicates species which may not be used in any plant palettes, regardless of location in the development, due to its ability to readily spread via airborne seeds, rather than vegetatively. (3-16) 68. That prior to the issuance of the first certificate of occupancy within the tract or parcel map, the property owner/developer shall submit, to the satisfaction of the General Manager of the Utilities Department, a certified water audit for landscape irrigation systems. (2-09)(10-04) 69. That on-site landscaping and irrigation systems shall be maintained in compliance with City standards. 70. That in connection with the submittal for approval of any tentative tract and/or parcel map including or adjacent to water reservoir sites, conceptual landscape plans which delineate techniques for screening the reservoir and electrical substation site, where visible to the public, shall be submitted to the Planning Commission for review and approval. Further, the financial mechanism for provision and maintenance all such landscaping areas shall be reviewed and approved by the City. (9-04) 71. That prior to approval of grading plans, the property owner/developer shall submit to the Planning Department for Planning Commission review and approval, a revegetation program covering all graded slopes within the project grading area which are adjacent to preserved open space areas. The revegetation program shall be prepared by a qualified professional experienced in revegetation of native plant communities. The revegetation program shall include the following elements: timing, plant materials, ~ irrigation, maintenance and performance standards. (3-04) 72. That detailed landscape plans for privately maintained common areas shall be submitted to the Zoning Division and approved prior to approval of plot plan grading plans. Plans shall include provisions for long-term maintenance, and shall be consistent with the landscape plans submitted for review and approval by the Planning Commission in connection with Site Plans, tentative tract or parcel maps or grading plans. Landscape plans adjacent to natural open space areas shall be prepared by a qualified native plant landscape specialist and shall include a palette of plant materials that are similar to the vegetation to be removed in connection with the grading. (3-03) HYDROLOGY (STORM DRAINS) 73. That prior to approval of the first tentative tract or parcel map or mass grading plan, whichever occurs first, the property owner/developer shall submit a final Master Drainage and Runoff Management Plan (MDRMP) for review by the Public Works - Engineering Department and approval by the City Engineer that conforms to the Drainage Master Plan (DEIR Exhibit 19) and the Preliminary Drainage Assessment for Coal Canyon (DEIR Technical Appendix C1, RBF Engineering, February 14, 1990). Prior to approval by the City Engineer, the MDRMP shall be submitted to the County of Orange Environmental Management Agency, the Regional Water Quality Control Board and Caltrans for review and approval as it relates to their drainage systems/areas of responsibility. Implementation of the approved MDRMP and compliance with the County of Orange NPDES Permit and Best Management Practices shall be made part of the Conditions of Approval of each tentative tract map. The master plan shall include, but not be limited to, the following items: A. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm. B. A delineation of the improvements to be implemented for control of project generated drainage and runoff, demonstrating compliance with design criteria and mitigation measures set forth in FEIR No. 298 for drainage. C. A description of the existing discharge conditions, post-development runoff estimates and proposed drainage improvements to confirm the discharge levels evaluated in FEIR No. 298 and, if necessary, identify provisions to reduce the developed peak flow to pre-development levels, through such measures as up-stream detention~ D. Detailed assessment of existing water quality, potential water quality impacts and a description of proposed measures to maintain water quality, including the following: 1. Incorporation of structural and non-structural Best Management Practices (BMPs). BMPs may include, but are not limited to, containment of masortry and ~ paint wastes on the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris; prohibiting water washdown of paved areas (both during and after construction); common car wash areas connected to the sanitary sewer; and education/training for construction workers on these practices. Engineering details, maintenance procedures and funding responsibilities of these BMPs shall also be described. 2. Incorporation of measures to comply with applicable actions to be identified by the Regional Water Quality Control Board (RWQCB) in conformance with the State Water Resources Control Board (SWRCB) statewide water quality control plan for inland surface waters, adopted April 11, 1991. Should the RWQCB not determine these actions by completion and approval of the MDRMP, the MDRMP shall identt~y project specific actions for conformance with the numerical water quality objectives of the statewide water quality control plan for stormwater discharges. 3. Description of a water quality monitoring program to monitor water quality during and subsequent to construction and evaluate the effectiveness of BMPs. The water quality monitoring program shall identify (a) the person/agency responsible for implementing the program, (b) specific data as to current and projected contaminant loadings, based on information from the STORET (County of Orange) model and/or other acceptable models, (c) sources of pollutants in runoff (e.g., nuisance flows from development areas, irrigation flows), (d) specific types of pollutants expected in runoff that will be monitored (e.g., total suspended solids, phosphorous, lead), (e) water quality sampling stations that are representative of runoff from the sources identified above, (f) sampling program methodology, including devices to be used and frequency and duration of sampling, (g) method for evaluating data collected from sampling program, -26- including threshold standards for determining effectiveness of BMPs, and (h) additional measures, if necessary, to increase effectiveness of BMPs to the threshold standards identified in D(1) above. E. Special drainage-related mitigation shall be included for the "monarch" Tecate cypress, located in the lower part of the canyon. Subdrains shall be installed as required in order to prevent any potentially harmful collection of irrigation water or water from other sources related to the development. During the installation of these subdrains and the debris basin, care shall be taken to avoid earth disturbance which could be harmful to the monarch Tecate cypress. There shall also be an undisturbed buffer 50 feet from the dripline of the monarch Tecate cypress in order to adequately ensure that there is no alteration to the hydraulic regime (both surface and subsurface). F. Transport of sediment to the Santa Ana River shall be minimized to prevent negative effects upon percolation in the downstream recharge system due to deposition of fine materials. This control of sediment transport will be designed to provide approximately the same amount (as the current condition) of sediment transported from Coal Canyon to the Santa Ana River in order to maintain the current equilibrium condition that exists in the Santa Ana River. G. Recommendations of the Final Sediment Yield Study (see Appendix A of FEIR No. 298 Response to Comment document, Sediment Yield Study, Robert Bein, Vfdliam Frost and Associates, September 1991) shall be incorporated as additional mitigation measures as part of the MDRMP. H. A skimmer for oil, grease, and other floatables will be included in the detailed design of the wet basir~ Maintenance of the skimmer and undesirable accumulations of settled material will also be specified. I. All stormwater regulations contained in the MDRMP shall be prepared based on the stormwater regulations promulgated by the EPA for compliance with its NPDES program and the Water Quality Control Act of 198Z In particular, the MDRMP mitigation plan shall require the distance between the percolation groundwater and surface water to be at least 2 to 4 feet in order to preclude problems with contaminated surface water in conformance with EPA criteria; J. Associated impacts on the aquifer will be partially mitigated through features contained in the proposed drainage system. A debris basin shall be constructed at the upstream limit of the development area, which will also function as a percolation area; The basin will collect the larger debris and sediments prior to entering the storm drain system. In addition, the proposed mitigation plan shall allow nuisance flow and low frequency storms to flow through biological habitat areas which would allow longer detention of runoff and more percolation for groundwater recharge. The property owner/developer and/or another financial mechanism acceptable to the City shall be responsible for maintenance of drainage facih'ties. I~ Debris basins shall be used during construction as mitigation for sediment generation and runoff contamination~ Established standards and practices will be used for erosion and runoff control, and will comply with the Regional Water Quality Control Board's General Construction Permit conditions. L. Periodic cleaning (i.e., street sweeping) of public streets by the City to remove small particle-sized sediments with absorbed pollutants caused by uses of the area. M. Mechanisms to control pesticides and fertilizer usage shall be identified and carefully controlled as a function of the Master Drainage Plan and Runoff Management Program (MDRMP). (2-01) 74. That prior to approval of grading plans, the property owner/developer shall be required to comply with all aspects of the NPDES permit process, including the requirement to submit a Notice of Intent (NOI) to the State Water Resources Control Board for coverage under the State NPDES General Permit for Stormwater Discharges ,~ssociated with Construction Activity. (2-05) 75. That prior to approval of drainage improvement plans for each tract or parcel map, plans shall provide for sediment traps to be constructed on private drainage devices to prevent silt from entering the public streets and storm drains. Plans shall further provide for erosion runoff from slope terrace drains to be controlled by constructing a soil catchment structure at each location where runoff from slope terrace drains enter public drains or public rights-of-way. The sediment traps and soil catchment structures shall be constructed prior to issuance of any certificates of occupancy for the tract or parcel map. These structures shall be maintained by the property owner/developer or another financial mechanism acceptable to the City. (2-06) 76. That prior to the approval of any tentative tract or parcel map or rough grading plan, whichever occurs first, the property owner/developer shall submit a Drainage and Runoff Management Plan to the Public Works-Engineering Department for review and approval by the City Engineer that conforms to the Master Drainage and Runoff Management Plan and includes the following items: A. A delineation of the improvements to be implemented for control of project generated drainage and runoff, demonstrating compliance with design criteria and drainage mitigation measures set forth in FEIR No. 298 for drainage. B. A description of the existing discharge conditions, post development runoff estimates, proposed drainage improvements and proposed measures to maintain water quality. C. The design of specific flood control facilities that will protect the development from -28- inundation due to rainfall runoff from a 10-year, 25-year and 100-year flood. 77. That prior to approval of each final tract map or parcel map, the property owner/developer shall: A. Submit to the Public Works-Engineering Department, Subdivision Section for review and approval, storm drain improvement plans that will protect the development from inundation due to rainfall from all storms up to and including the 100-year storm. Design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of the Public Works-Engineering Department, including: 1. Local drainage facilities shall be designed for the 25-year flow rate. 2. Local facilities at sump locations shall be designed for 25-year flowrates. Sumps without a secondary outlet shall be designed for 100-year flow rates, and regional facilities should also be designed for 100-year flows. 3. Local street drainage criteria requires the 25-year flooded depth to be below the top of curb and arterial highways shall have one, twelve (12) foot lane free of water in the 100-year storm. B. Pay the appropriate drainage assessment fee to the City of Anaheim in an amount as established by City Council prior to the approval of each final tract or parcel map. (2-07) 78. That prior to the issuance of certificates of occupancy, the property owner/developer shall submit to the Maintenance Department, for review and approval, information provided to first time homebuyers regarding disposal of pet wastes, waste oil and grease, and pesticide containers. (2-02) 79. That manholes and catch basins shall be cleaned on a yearly basis, or as otherwise determined by the governing agency, including private stormdrains maintained by the property owner/developer or another financial mechanism acceptable to the City. (2-10) 80. That the property owner/developer shall be financially responsible for the following items: A. The construction of the Master Plan drainage facilities; B. The construction of in-tract and local storm drain system improvements; and, C. Any permits and any subsequent environmental assessment deemed necessa~ by the City of Anaheim. -29- WATER 81. 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 prior to the approval of each tentative tract or parcel map. 82. That in designing the main water distribution system to be installed in arterial roadways, the property owner/developer shall consider inclading reclaimed water lines for irrigation of common area landscapes, median strips, slopes and park spaces in the project to accommodate future use of reclaimed water. Prior to the submittal of each tentative tract or parcel map, a determination whether to include reclaimed water lines within the map boundaries will be made jointly by the Utilities Department and property owner/developer. (9-02) 83. 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 by the property owner/developer to support said development phase. 84. That the On-Site Water Distribution System Plan (Exhibit 30 of the Specific Plan document) indicates the conceptual locations of the water storage reservoirs and pump stations. Prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into a written agreement with the Water Engineering Division as to the placement and timing of the water storage reservoirs and pump stations. If there are any additional environmental concerns relating to the location of the water storage reservoirs and pump stations identified during subsequent CEQA reviews, the property owner/developer shall be responsible for financing any reports/studies required by the City as part of the CEQA review and financing/implementing any necessary mitigation measures. The financing of any reports, studies, and/or actions taken to mitigate environmental concerns associated with the water storage reservoirs and pump stations shall be included in any reimbursement agreement for area-wide improvements. 85. That in connection with the submittal for approval of any tentative tract and/or parcel map or grading plan, a short-term water conservation plan to reduce water use ussociated with project grading and construction will be reviewed and approved by the Water Engineering Division of the Utilities Department. (9-05) 86. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall submit a Water Master Plan of Improvements -30- to the City Water Engineering Division of the Utilities Department for review and approval from the General Manager, Utilities Department. The plan shall identify methods for supplying water to the site, and the funding mechanism to be utilized to implement these methods. (9-01). Said plan shall also contain provisions for payment of Master Plan facilities on a fair share basis. Upon approval of the Master Plan of Improvements, said plan shall be incorporated into the Specific Plan Public Facilities Plan by reference and shall be carried out in accordance therewith. The General Manager, Utilities Department reserves the right at any time to revise and update the Water 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 Water Master Plan of Improvements prior to said revision. In accordance with the Water Utility's Rates, Rules and Regulations and the Cypress Canyon Specific Plan, the Master Plan shall include a hydranlic analysis for the proposed system under average day, maximum day and peak hour demands, shall give consideration to projected water demands, pressure zones and service area, and shall set forth the requirements for phasing, financing and constructing primary mains, reservoirs, pump stations, and the following required improvements: A. The construction of a new groundwater well at a location to be chosen by the Water Engineering Division (currently proposed in Eucalyptus Park). B. Advancement of funds for the construction of an in-line booster pump station currently proposed in the vicinity of La Palma Avenue and Kellogg Drive if the capacity added by the proposed Eucalyptus Park groundwater well is determined to be insufficient to cover increased demand. C, Advancement of funds for the completion of two segments of the transmission main in Santa Aria Canyon Road between Anaheim Hills Road and Moblet Drive (about 4500 feet of 36-inch) and between Weir Canyon Road and Longwood Street (about 1800 feet of 30-inch) to reduce headloss in the transmission main as a result of higher water demand. D. Advancement of funds for the upgrading of the City's turnout facility off the Allen McColloch Pipeline if the capacity added by improvements in items A and B is determined to be insufficient to cover increased demand. E. Construction of all water lines, reservoirs, and facilities shown on the On-site Water Distribution System Plan (Exhibit 30 of the Specific Plan document) shall be in accordance with the Utilities Department requirements for each development phase. Contiguous water pressure zones shall be coordinated with the Mountain Park development. -31- F. Mitigation Measure Compliance Report showing compliance with water mitigation measures identified in FEIR No. 298. G. To the extent the property owner/developer may qualify for reimbursement from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other unincorporated properties within Anaheim's sphere-of-influence which may benefit from the above-noted facilities/projects. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. An approved copy of the Water Master Plan of Improvements shall be submitted to the Subdivision Section. Any subsequent amendment to the plan shall also be submitted to the Subdivision Section. 87. That prior to the approval of each tentative tract or parcel map or Site Plan, proof in the form of a memo from the Utilities Department, shall be submitted to the Planning Department to confirm that all water supply planning for the project has been closely coordinated with and approved by the Water Engineering Division of the Utilities Department. 88. That in conjunction with the recordation of final tract or parcel maps, the property owner/developer shall irrevocably offer to dedicate to the City the land and easements required for implementation of the water system to support that map. The reservoir sites shall be offered for dedication with the final maps, or when required by the City. 89. 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 for the tract or parcel map. Further, any water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or behind the street setback area in a manner fully screened from all public streets and alleys. 90. That prior to approval of the first final tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement to extend and construct, on a fair share basis, the necessary off-site and on-site water improvements in accordance with the Water Utility's Rates, Rules, and Regulations. The Water Distribution Plan shall be prepared in accordance with the Water Master Plan of Improvements and approved by the Water Engineering Division of the Utilities Department. (9-03) 91. That prior to issuance of building permits, the property owner/developer shall submit plans to the Water Engineering Division of the Utilities Department to show that water consumption reduction measures have been implemented as required by State law in accordance with the Water Utility's Rates, Rules and Regulations. Plans submitted for -32- building permits shall show that the buildings have been designed to incorporate water consemation techniques. The measures shall be in place prior to issuance of use and occupancy permits and shall include, but not be limited to, the following: A. Low-flush toilets and urinals (Health and Safety Code Section 17921.3); B. Maximum flow rate of all new shower heads, lavatory faucets, and sink faucets (Title 20, California Code of Regulations Section 1604[f]); C. Appliances certified by manufacturerto comply with regulations established by applicable efficiency standards (Title 20, California Code of Regulations Section 1606[b]); D. Public lavatories equipped with self-closing faucets that limit the flow of hot water (Government Code Section 7800); E. Hot water pipes insulated to reduce water used before hot water reaches equipment or fixtures (Title 24, California Code of Regulations Section 2~5352[i] and [j}); F. Conservation reminders posted in rooms and restrooms; G. Thermostatically controlled mRing valve for bath/shower; H. Implementation of efficient irrigation systems to minimize runoff and evaporatior~ (lo-o$) 92. That in accordance with the Water Engineering Division's policy, resewoir construction shall consist of one-half of the reservoirs to be constructed of steel and one-half to be constructed of concrete unless otherwise approved by the Water Engineering Division. 93. That reservoirs will be located and designed in a manner which screens them from public view. Prior to approval of the tentative tract or parcel map, which includes the reservoir site, the Utilities Department shall determine whether the reservoir will be completely buried, partially buried or above-ground. Said information, shall be noted in the tentative tract or parcel map staff report. ELECTRICAL 94. That prior to approval of final tract or parcel maps, the property owner/developer shall install, bond for, or otherwise secure on-site electrical facilities in accordance with the City of Anaheim Public Utility Electric Rates, Rules and Regulations, and provide evidence of this fact to the City Utilities Department. (9-18) 95. That, for electrical substation site and underground 69kV Transmission and 12kV -33 - Distribution lines, prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with the Utilities Department to dedicate or reimburse their proportionate share of the cost of a level graded site for a City of Anaheim Public Utility 69kV to 12kV Electrical Substation and to set forth the timing for the grading and dedication of the site. The site shall be 2.5 acres. In addition, any right-of-way or easements necessary to provide access to the substation site for 69kV Transmission and 12kV Distribution Lines and Public Utility construction and maintenance crews shall be dedicated in accordance with the approved agreement. The substation site shall be in a centralized location approved by the City which will best serve the needs of the existing City of Anaheim, Mountain Park; Cypress Canyon and any other new developments in the Gypsum and Coal Canyon areas. To the extent the property owner/developer may qualify for reimbursement from other benefited properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. Written proof of the Electrical Substation Agreement shall be furnished to the Planning Department and the Utilities Department and shall be subject to approval by the Utilities Department and the City Attorney's Office. (9-19) 96. That, for underground 69kV transmission lines, the property owner/developer shall provide and install underground conduits and substructures, and shall pay their proportionate share of the fee for the installation of three (3) 69kV underground transmission lines which will provide service to the substation site. One route will be along or near Santa Ana Canyon Road from west of Weir Canyon Road to the proposed substation site. The other routes shall be determined prior to the approval of the first tentative tract or parcel map, whichever occurs first or at a later date agreed to by the Utilities Department. Construction and funding shall be in accordance with the Electric Rates, Rules and Regulations and Electrical Engineering Construction Standards. 97. That, for electrical substation site and underground 69kV Transmission lines, if there are any environmental concerns relating to the location of the substation site and associated transmission and distribution lines identified during subsequent CEQA reviews, the property owner/developer shall be responsible for financing any reports/studies required by the City as part of the CEQA review and financing/implementing any necessary mitigation measures. The financing of any reports, studies, and/or actions taken to mitigate environmental concerns associated with the Electrical System shall be included in any reimbursement agreement for area-wide electrical improvements. 98. That, for construction phasing and scheduling, the property owner/developer shall have the responsibility to coordinate all long range construction schedules with the City of Anaheim Utilities Department, Electrical Engineering Division. The City -34- does not, at this time, provide electrical service to Coal Canyon and the property's distance from existing City electrical facilities will require the construction of the proposed substation. A completed substation requires five years to design, bid, construct, and energize. The property owner/developer shall keep the Electrical Engineering Division apprised of construction phasing and scheduling to assure that electrical service is available to meet the property owner/developer's schedule. Prior to the approval of each tentative tract or parcel map, the property owner/developer shall provide an updated construction and phasing schedule to the Electrical Engineering Division. 99. That, for construction phasing and scheduling, information regarding the scheduling of construction, phasing of street improvements, and individual tract construction shall be required prior to issuing final electrical distribution drawings. Electrical Engineering shall be provided construction schedules and phasing, and be notified of schedule or phasing changes as they develop. 100. That, for Underground Distribution systems, the property owner/developer shall have the financial responsibility for the installation of Electrical 12k Distribution Systems consisting of underground concrete encased conduits, vaults/substructures, apparatus pads, retaining walls, and related facilities. These systems shall be provided as required on all streets, public and private, at no cost to the City in accordance with the Electric Rates, Rules and Regulations, and the Electrical Engineering Construction Standards. 101. That, for Underground Distribution systems, the property owner/developer shall pay a non-refundable fee in accordance with the Electric Rates, Rules and Regulations for the installation of underground cables, splices, switches, capacitors, and related labor and materials to complete an underground 12kV network system in the developer-provided conduit system. The scheduling and funding requirements for 12KV network systems shall be determined during the preparation of the electrical underground system plans and prior to improvement plans approvals. The property owner/developer shall pay this fee to the City upon billing by the City. 102 A. That, for electrical 12kV distribution systems and electrical street light and communication systems planned for Santa Ana Canyon Road, the property owner/developer shall construct a conduit, substructure system in the portion of Santa Ana Canyon Road located within the project boundaries. The property owner/developer shall pay a fee in accordance with the Electrical Rate, Rules, and Regulations, for the installation of underground cables, padmounted switches, and related facilities to complete an underground line extension in that portion of Santa Ana Canyon Road. B. That, if the Cypress Canyon property owner/developer requires electrical service prior to the Mountain Park development, the Cypress Canyon property -35 - owner/developer shall be responsible to provide an underground electrical and communication conduit and substructure system along portions of Street "D" and/or Santa Ana Canyon Road outside of the project boundaries. The property owner/developer shall pay a fee for the installation of underground cable, padmounted switches, and related facilities to complete an underground line extension along that portion of Street "D" and/or Santa Aria Canyon Road colmecting the East Hills Development to Cypress Canyon. Electrical Sendce would only provide for preliminary electrical loads pending construction and completion of the electrical substation. To the extent the property owner/developer may qualify for reimbursement from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. C. That the property owner/developer shall be required to pay their proportionate share for the underground conversion of the Southern California Edison (SCE) 12kV pole line located on Santa Ana Canyon Road east of the east boundary of the East Hills Development (Bauer Ranch). Said overhead to underground conversion, if SCE desires to maintain their circuits along Santa Aria Canyon Road, shall be completed in conjunction with planned street improvements. D. That, if the Cypress Canyon property owner/developer is required to complete street improvements along Santa Ana Canyon Road between the Cypress Canyon development west boundary and the East Hills Development (Bauer Ranch) prior to the Mountain Park Development, the Southern California Edison overhead 12kV pole line, located on Santa Ana Canyon Road east of the east boundary of the East Hills (Bauer Ranch) development shall be converted to an underground system in conjunction with street improvements for Santa Ana Canyon Road; or, prior to the approval of street improvement plans for said portion of Santa Ana Canyon Road, the Cypress Canyon property owner/developer shall submit proof to the City of Anaheim's Electrical Engineering Division that the overhead 12kV pole line will be abandoned within three (3) years following the approval of street improvement plans. Said abandonment shall be secured by a performance bond, letter of credit, or other form of security in an amount and form approved by the City. The conversion of the Southern California Edison lines from an overhead to underground system shall be at no cost to the City of Anaheim. To the extent the property owner/developer may qualify for reimbursement from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. 103. That, for Street Light Systems, the property owner/developer shall have the financial responsibility for the installation of Street Lighting Systems consisting of underground -36- conduits, pull boxes, subsurface transformer enclosures, retaining walls, and related fadlities. These systems shall be provided as required on all streets, public and private, at no cost to the City in accordance with the Electric Rates, Rules and Regulations, and the Electrical Engineering Construction Standards. 104. That, for Water, Electrical, and Communication Systems, the property owner/developer shall have the financial responsibility for the installation of Water and Electrical Control and Communication Systems consisting of underground conduits, pull boxes, subsurface enclosures, communication cables, retaining walls, a dedicated transmitter, receiver, and antennae site(s), and related facilities. These systems shall be installed in accordance with the Public Utility Water and Electrical Communication Master Plan as required, at no cost to the City, in accordance with the Electric Rates, Rules and Regulations, the Public Utility Water and Electrical Communication Master Plan, and the Electrical Engineering Construction Standards. 105. That, for Electrical Distribution, Transmission, Communication and Street Light Systems, all facilities shall be located within public right-of-way or easements dedicated with recordation of final tracts or parcel maps, or as separate documents. The conduit system with associated concrete substructures shall be installed underground. Switches and/or capacitors will be in metal cabinets mounted above ground on concrete pads. 106. That, for Electrical Distribution, Transmission, Communication and Street Light Systems, the property owner/developer shall ensure that during the preparation phases of improvement plans (streets, sewer and water, storm drain, tract, predse grading, etc.) the property owner/developer's engineer(s) shall coordinate said improvements with the City of Anaheim Electdcai Engineering Division. The property owner/developer's engineer(s) shall provide tract maps, and precise grading plans with unit plots, sewer and water, storm drain and related information in a layered AUTOCAD format in accordance with specifications on file with the Electrical Engineering Division. 107. That, for In-Tract-Electrical Underground and Street Light Systems, the property owner/developer shall pay a non-refundable fee as defined in the City Electrical Engineering Construction Standards and in accordance with the Electric Rates, Rules and Regulations for the installation of underground cables, splices, transformers, residential services and related labor and material to complete an Underground Residential Distribution System in a developer-provided trench/conduit system. The fee and a bond to secure installation shall be paid to the City prior to approval of the final tract or parcel map. 108. That, for In-Tract-Electrical Distribution and Street Light Systems, the property owner/developer shall provide and install on public streets a City street light system as shown on the Underground Residential Distribution System Drawings for each -37- tract or parcel map in accordance with the Electrical Specifications for Street Light Systems. Street light installation on private streets shall be installed in accordance with the Public Works - Engineering Department's Standard Detail No. 122 for private streets. 109. That, for In-Tract-Electrical Underground and Street Light Systems, the Underground Residential Distribution System, Street Light System, and related improvements shall be installed as development occurs. Bonding for the required facilities shall be provided in accordance with the City Electrical Engineering Construction Standards. 110. That, for In-Tract-Electrical Distribution and Street Light Systems, during the preparation phases of improvement plans (streets, sewer and water, storm drain, tract, precise grading, etc.) the property owner/developer's engineer(s) shall coordinate said improvements with the City of Anaheim Electrical Engineering Division. The property owner/developer's engineer(s) shall provide tract maps, and precise grading plans with unit plots, sewer and water, storm drain and related information in a layered AUTOCAD format in accordance with specifications on file with the Electrical Engineering Division. 111. That to the extent the property owner/developer may qualify for reimbursement from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit for the dedication of the substation site and the construction and fees for 69kV and 12kV underground line extensions, the construction of underground communication systems and dedication of a transmitter and receiver site, and other improvements benefiting both developments. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. 112. That a 500 kV Southern California Edison transmission line (Serrano-Mira Loma) is located on site, in addition to several other easements. In connection with approval of applicable tentative tract or parcel maps, as determined by the Electrical Engineering Division of the Utilities Department, the City of Anaheim may require right-of-way and access to the Serrano-Mira Loma easement. (9-20) ENERGY CONSERVATION 113. That prior to issuance of building permits, the property owner/developer shall demonstrate to the Chief Building Official that all structures in the project development will comp~ with the California Energy Commission conservation measures recommended for residential and non-residential buildings and with Title 24 building standards of the California Administrative Code, as revised, and adopted, by the California Energy Commission in 1991, to become effective January 1, 1992, as hereinafter may be -38- amended. (10-02) 114. That the property owner/developer shall instruct its architect, engineers and landscape designers, etc. to consult with the City of Anaheim Energy Services Division in order to incorporate measures into the project design for shifting electrical loads to off-peak times, to provide state of the an energy efficient heating and air conditioning, to provide energy efficient roadway lighting, to establish landscaping intended to reduce electrical and water consumption, and other mitigating measures to offset potential impacts to the City electrical system. The subdivision, architectural and landscaping design plans for the project shall be designed to promote, to the extent possible, opportunities for maximizing solar exposure, shading and natural cooling (prevailing breezes), and solar hot water heating either directly with system installation or indirectly with provisions for accommodating future retrofitting. Prior to the approval of Site Plans, tentative tract or parcel maps, or landscape plans, proof of compliance with this condition shall be submitted to the Zoning Division, in the form of a memo from the Energy Services Divisior~ (10-01) 115. A. That the Southern California Gas Company has developed several programs which are intended to assist in the selection of the most energy efficient water heaters and furnaces. The developer shall implement a program to reduce the demand on natural gas supplies. Said program shall be reviewed by the Southem California Gas Company and submitted to the Chief Building Official prior to issuance of the first building permit. (9-21) B. That prior to the issuance of building permits, the property owner/developer shall demonstrate to the Chief Building Official that the Southern California Gas Company, the Public Utilities Department, Southern California Edison Company, and the City of Anaheim Building Division have been consulted during the building design phases for the purposes of including energy conservation methods to the extent feasible. The property owner/developer shall further demonstrate to the satisfaction of the Chief Building Official that the project has incorporated, to the extent feasible, design requirements that inclade landscaping for shade, using light colored roof and building materials, and best available control technology for energy use. Methods to be reviewed and incorporated, where feasible, include, but are not limited to: · Improved thermal integrity of buildings, and reduced thermal load with automated time clocks or occupant sensors. · Installation of glazed windows, wall insulation, and efficient ventilation methods; window systems to reduce thermal gain and loss. · Use of efficient heating and other appliances, such as water heaters, cooking equipment, refa~erators, furnaces and boiler units. Incorporation of appropriate solar design and solar heaters. · Use of fluorescent lamps for indoor lighting and halogen lights for outdoor lighting. -39- Use of waste heat in non-residential buildings. Installation of low- and medium-static pressure terminals in air distribution systems. Cascading of ventilation air from high priority (occupied spaces) areas to low priority (corridors, equipment and mechanical spaces) areas before being exhausted. Ensuring proper sealing of all facilities, where applicable. Designing facility entrances with vestibules, where possible. · Installing individually controlled light switches and thermostats to permit individual adjustments. · Controlling mechanical systems or equipment with time clocks or computer systems. · Finishing exterior walls' of buildings with light colored materials to increase heat retention in buildings. · Roadway lighting shall be energy efficient. (10-03) STREET MAINTENANCE/SOLID WASTE 116. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with the Department of Maintenance to provide a proportionate share of the cost to secure, grade level and develop a Maintenance Facility site in the Mountain Park development. The site shall be five acres of unencumbered, usable land provided at no cost to the City. Site improvements shall include paving, fuel islands, security fencing, lighting; block storage bins, equipment washdown facility, storage building office, shops and fleet repair facility. The site shall include a street sweeping transfer station which includes a roofed washdown area on a concrete slab. Development and building costs shall not exceed $2.7 million based on 1991 dollars, subject to adjustment only in accordance with the Engineering News Record Construction Cost Index for the facility and the Consumer Price Index for equipment. The land value shall not be included as part of the $2.7 million cost. The cost for construction of facilities needed on the site shall be shared with the Mountain Park Development on an equitable basis. The property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other unincorporated properties within Anaheim's sphere-of-influence which may benefit from this facility. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. Written proof of said agreement shall be furnished to the Planning Department and the Maintenance Department and shall be subject to approval by the Department of Maintenance and the City Attorney's Office. (9-27) 117. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. -40- 118. That prior to recordation of each final tract or parcel map, the property owner/developer shall record a covenant in a form approved by the City Attorney requiring the seller to provide purchaser and/or renter of each dwelling unit with written information concerning Anaheim Municipal Code Section 14.32.500, "Parking Restricted to Facilitate Street Sweeping." Such written information shall dearly indicate when on-street parking is prohibited and the penalty for violation. 119. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division~ If garages are intended to be used to store trash containers, then the garage area shall be larger than 20' x 20' to accommodate two cars and the trash containers. Such information shall be specifically shown on the plans submitted to the Planning Commission for Site Plan approval and for building permits. Upon occupancy, trash storage areas shall comply with City Codes for the screening of trash receptacle areas and access for trash pickup. (9-26) 120. That prior to the approval of any Site Plans, a Solid Waste Management Plan with recycling capabilities shall be approved by the Director of Maintenance. Refuse collection and disposal shall comply with AB 939, the County of Orange Integrated Waste Management Plan and the City of Anaheim Integrated Waste Management Plan, administered by the City Department of Maintenance. Upon occupancy of the project, implementation of said plans shall commence and shall remain in full effect as required by the Maintenance Division. (9-25) SEWERS 121. That prior to approval of the first tentative tract or parcel map or mass grading plan, whichever occurs first, the property owner/developer shall submit a Master Sewer Improvement Plan for review and approval by the City Engineer and the County Sanitation Districts of Orange County (CSDOC). This Master Sewer Improvement Plan shall address potential impacts to the existing sewer system in the project vicinity and shall include a more detailed identification and analysis of measures which will be implemented by the property owner/developer to mitigate impacts upon the sewer system. The plan shall also include: A. Sewer layout B. Sewer size, including supporting calculations C. Sewer construction phasing (9-06) 122. That prior to approval of each final tract or parcel map, the property ownerJdeveloper shall pay the appropriate sewer assessment fee as established by City Council Resolution. (9-o8) -41- 123. 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 map boundaries for review and approval by the City Engineer. The sewer system for the project shall be funded, constructed and maintained in accordance with the requirements of the Public Works-Engineering Department. 124. That the property owner/developer shall be financially responsible for the following sanitary sewer-related items: A. The acquisition of any required permits, rights-of-way and environmental assessments; B. The design and construction of all required sewers and related facilities as part of the improvements for each tract or parcel map, as approved by the City Engineer; and C. The formation of a Special Maintenance District, or other financial mechanism acceptable to and approved by the City of Anaheim, for maintenance of any lift station, force main and sewer lines in private streets which shall be established at the expense of the property owner/developer. 125. That prior to issuance of each building permit, the property owner/developer shall pay all fees for sewer service to the Orange County Sanitation District. (9-07) 126. That prior to issuance of certificates of occupancy, the developer shall obtain all permits and construct all facilities required by the CSDOC and the City of Anaheim in order to provide an acceptable level of sewage treatment service, within the capacity limits of CSDOC Number 13. (9-09) HABITAT ENHANCEMENT 127. That prior to the approval of grading plans affecting wetlands, applicable permits/agreements consistent with the Clean Water Act Section 404 and Fish and Game Code Section 1601 and 1603 provisions shall be obtained. The following measures shall be implemented as part of these permits/agreements: A. Sites selected for suitability as riparian (inclading wetland) habitat mitigation areas shall be evaluated by the U.S. Fish and V~tldIife Service (USFWS) and the State of California Department of Fish and Game (CDFG). These agencies shall also evaluate implementation specifications for vegetation types to be replaced, size and spacing of vegetation, irrigation techniques and soil treatments, maintenance and monitoring pecifications for site maintenance, terms of maintenance, frequency of monitoring financing mechanisms and performance standards. These sites shall provide for no net standards. These sites shall provide for no net loss of wetland habitat. B. Channel systems in the Habitat Replacement Program shall be situated along Coal Canyon. The replacement areas shall provide a more constant source of water than exists in the natural situation. This availability of water can be combined with the specific channel design to provide conditions for diverse habitat, e.g., willow trees in wetter areas, with cottonwood and sycamore trees in drier portions of the channel and habitat pockets. Other portions of the habitat replacement area will not have sufficient moisture to maintain wetland vegetation and will function more like the existing seasonal drainage, supporting upland and alluvial wash vegetation. C. In conjunction with the wetland habitat replacement, upland habitat on the adjacent land shall be enhanced and preserved. In adjacent ungraded areas, native plants shall be preserved in place, and existing disturbed areas shall be enhanced with additions of appropriate native plants. In adjacent graded areas, such as the upper banks of the habitat channel, appropriate native plants shall be used both to provide habitat value and to buffer the wetland habitat from adjacent human activities. Fencing may also be incladed as part of the buffers adjacent to areas of high use. All fencing is subject to the review and approval of the Planning Commission. D. Prior to the approval of the first landscape plans, including buffer zones and fuel modification zones, tree and plant palettes shall be chose in consultation with a qualified biologist familiar with the possibilities of landscaping with native stock; and shall be submitted for review and approval by the Planning, Fire and Maintenance Departments. Timing for planting in these areas will be determined in connection with grading plan approval. (3~01) 128. That prior to issuance of grading permits, the property owner/developer shall submit a report by a qualified botanist indicating whether many stemmed dudleya are located within the boundaries of the grading plan. If many stemmed dudleya are present, the property owner/developer shall implement a one-time relocation program for all identified many-stemmed dadleya populations, conducted by a qualified botanist familiar with successful techniques for relocation of this species. The program shall be submitted to the Planning Department for review and approval. Impacted populations of many-stemmed dudleya will be relocated to suitable areas through a program of seed propagation and/or corm relocation. Evidence that the relocation program has been implemented must be submitted to the City of ./lnaheim Planning Department within 30 days of completion of the relocation work; The program shall include: Guidelines for relocation site assessment, to be based upon the assessment and characterization of existing environmental conditions at the present population sites. Assessment criteria will include: slope aspect, soil characteristics, vegetation cover, associated species, and plant species dominance. -43 - Identification of suitable unoccupied relocation sites, based upon the above criteria; It is anticipated that at least as many suitable replacement sites will be identified in the dedicated open space areas as are impacted by the project. If a sufficient number of appropriate sites cannot be found, suitable areas will be investigated for site creation or modification~ Any necessary plans for site creation/modification will be developed that will incorporate site excavation, soil handling and associated species planting. Guidelines for propagule collection, based upon the time of year relocation activities begin and the stage of growth of plants at that time. Planting guidelines, including techniques for site preparation, planting, stabilization of new plantings and erosion control. Guidelines for propagation of a reserve supp~ of seeds and stems to ensure the ability to replant if necessary in the event of accidental disturbance or other human induced failure of the mitigation effort. Maintenance and monitoring guidelines for three years, to include site visits during the initial planting and establishment period, application of irrigation water and exotic weed removal as necessary, and periodic evaluation of the sites for the general health of plants and seedlings, browse damage, soil moisture content and vandalism. Procedure for recommending reasonable corrective measures to promote successful establishment of the plants. Provisions for reporting monitoring results to the City on an annual basis for three years. The purpose of these monitoring reports will be to increase the body of knowledge for these types of mitigation efforts, thereby increasing the effectiveness of mitigation programs for this and other species in the future. (3-10) 129. That prior to approval of the first tentative tract or parcel map or mass grading plan, whichever occurs first, wildlife water supplies (well fed water troughs) shall be placed in canyon areas to the south of the development area (but within the Specific Plan boundary) to reduce the need for wildlife movement to the Santa Ana River. The locations of these water supplies shall be determined by a qualified biologist, and agreed upon by the State Department of Fish and Game. (3-11) 130. That prior to approval of the first tentative tract or parcel map for building purposes, or mass grading plan, whichever occurs first, the property owner/developer shall: A. Submit a I~ldlife Corridor Plan and a corresponding Monitoring Plan for the Mindeman and '~" Canyon culverts (as shown in Aerial Photo · Wildlife Corridors, Exhibit 22 of the EIR No. 298 document) for review and approval by the Planning Commissiora Said plan shall be prepared by a qualified biologist through a process ~44- which includes solicitation of input and participation from local and state agencies and interested individuals; and, B. Ensure that the corddots are in place in accordance with the approved plan to the satisfaction of the Planning Commission. (3-12) 131. That a qualified biological monitor shall be present at any pre-grade conference, during any mass grading and periodically during construction for areas in or adjacent to areas where natural vegetation is to be preserved to ensure that natural vegetation areas designated for preservation are properly protected during grading and/or construction. Proof in the form of a letter shall be submitted to the Planning Department on a monthly basis to indicate compliance with this mitigation measure. (3-05) 132. During grading of the project, a qualified biologist shall be on site to recommend preservation of significant native vegetation. Said recommendations shall be reviewed by contractors and implemented if determined feasible. (3-02) 133. That prior to the approval of landscape plans, a qualified arbodst, horticulturist, or other landscaping professional shall submit a report to the Planning Department with recommendations to preserve the health of the remaining resources following completion of grading adjacent to effected areas. Proof in the form of a letter shall be submitted to the Planning Department on a quarterly basis for a period of 24 months following each phase of grading adjacent to effected areas, to indicate compliance with this mitigation measure. (3-08) 134. That prior to approval of grading plans, grading plans shall be submitted to the Planning Department for review to ensure that: ,4. During construction, the willow riparian areas, the Tecate cypress forest and the preserved oak and sycamore trees that are adjacent to grading areas shall be temporarily fenced off with orange fencing material or otherwise protected to prevent grading or the storage of heavy equipment and building materials in these habitats. Fences shall be placed 25 feet from the outer edge of trees. Proof in the form of a letter, pictures and location map of the site shall be submitted to the Public Works - Engineering Department. B. During grading and construction in the vicinity of dparian woodland and wetland areas, these areas shall be temporarily fenced off with orange fencing material to prevent grading material or spoils from being placed or stored near or on top of any dpadan woodland or wetland arec~ Proof in the form of a letter, pictures and location map of the site shall be submitted to the Public Works - Engineering Department. C. Clearance of native plant materials in fuel modification zones shall be limited to that required by the City approved fuel modification plans. -45- D. Construction shall not be conducted adjacent to wetland areas between October 15 and March 15, or for other time periods based on special erosion control measures as approved by the City Engineer. E. Graded slopes adjacent to the main canyon shall be revegetated, and, combined with the alparian habitat replacement in the canyon, will serve to provide wildlife movement opportunities, particularly for birds and other small species, and larger species that are tolerant of human presence, such as the coyote. (3-06) 135. That construction or entry in designated preservation areas shall be prohibited except for necessary construction related activities, such as surveying. 136. That prior to the approval of any grading plan, the property owner/developer shall demonstrate to the City that vegetation clearing and grading shall be conducted in compliance with the Federal Migratory Bird Treaty Act. All clearing shall be carried out in accordance with the sections of that ~lct which deal with the taking of nests. Monitoring shall take place during the nesting/breeding period (February through July) and shall be carried out by a qualified biologist. (3-13) 137. That where cut and fill slopes encroach on preserved wetland habitats, slope angles shall be designed to be as steep as feasible to minimize lateral encroachment. Plans showing slope angles for affected areas shall be submitted to the Public-Works Engineering Department for review and approval prior to approval of grading plans. (3-14) 138. That hazardous materials on the project site shall be controlled during constructiota All hazardous materials, inclading engine fluids, shall be disposed of properly. The property owner/developer shall immediately notify the Fire Department of any spills of hazardous materials and shall have such spills promptly and completely cleaned up. City inspectors shall periodically check for compliance with this conditiota (3-07) 139. That prior to the approval of Site Plans adjacent or in the vicinity of open space areas, plans shall be submitted to the Planning Department for Planning Commission review and approval in conjunction with Site Plans to show the location of all on-site lighting fixtures. To the extent feasible, all street, security and landscape lighting shall be designed and installed such that it is not directed primarily to any natural open space areas. Restrictions for privately installed lighting adjacent to open space areas shall be included in any CC&Rs. (3-18) 140. That all potential home buyers shall be clearly advised in writing with a statement by the developer, or agents and assigns, of the implications of living adjacent to natural open space areas prior to any sales transactiota This statement shall include items such as: a warning about the dangers and nuisances posed by wildlife that may forage in the development edge; the responsibilities and benefits which are associated with living near such an area; and fire-related management aspects of the Tecate cypress forest, such as -46- the trees' high fire potential and the potential need to conduct controlled bums. This statement shall be written to foster an appreciation of wildlife and to identify measures which shall be taken to minimize conflicts between wildlife, domestic animals and humans. This statement shall advise residents of the dangers to pets and the effects on wildlife that result from allowing pets to roam freely. Further, the statement shall indicate that dogs and cats shall not be allowed to roam freely in the natural open space areas, and that this requirement will be enforced through the CC&Rs. The statement shall be submitted to the Zoning Division prior to the issuance of building permits. (3.17) PARK~ 141. That satisfaction of the City's Park Ordinance shall be met by the dedication and development of a 9.5-acre neighborhood park as specified in the Specific Plan with vehicular and pedestrian access to the park approved by APRCSD and the Traffic Engineering Division. At least 50% of the park boundary shall have direct street frontage unless otherwise approved by APRCSD. 142. That the Specific Plan sets forth the riding and hiking trail alignments. Any variation from that plan shall require approval of APRCSD. Prior to the approval of each tentative tract or parcel map, equestrian and hiking trails within that tract or parcel map shall be shown to the satisfaction of APRCSD. Prior to the approval of each final tract or parcel map, the property owner/developer shall submit the final alignment of the equestrian and hiking trail(s) within that tract or parcel map to the APRCSD for final review and approval The property owner/developer shall dedicate and construct the trails (including trail access points, signage, furnishings and other related features) in accordance with Specific Plan and/or City standards. Prior to approval of the each final tract or parcel map, bonds shall be posted for trail improvements as part of in-tract improvements. A. In addition to specifications for trail width and grade, the City of Anaheim maintains trail specifications for erosion protection and general trail maintenance. The property owner/developer will be responsible for implementing and maintaining project trails in accordance with City standards. B. Trails will be maintained by the property owner/developer or another financial mechanism acceptable to the City of Anaheim. C. The safety of persons using the pedestrian trails in the vicinity of the commercial uses and intersections of proposed arterial highways will be analyzed and addressed at later levels of entitlement (i.e., subdivision, Site Plans, etc.). Steps which may be taken at that time include signalization, signage physical separation of trails and traffic, etc. (6-11) 143. That the park site shall be developed in accordance with APRCSD standards, the -47- Specific Plan and the City's Park Dedication Ordinance (including the local Park Site Criteria), and will be subject to APRCSD approval. 144. That specific facilities for the park shall be determined through the Park Master Plan processes conducted by the Parks, Recreation and Community Services Department. 145. That the property owner/developer's responsibility for all park development shall also include all utility connections, fees, permits and charges, all consultant and project inspection costs and any incidental costs relating to the development of the park improvements in accordance with all City requirements. 146. 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 Park 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 and their inspection consultants at the property owner/developer's cost. 147. That the property owner/developer shall provide for the consultant(s) who prepared the construction documents to provide construction observation to ensure the project is constructed as intended. 148. That no portion of the park shall be encumbered by the Four Corners Pipeline. 149. That the dedicated park site shall be graded fiat with an average slope of 2%, and no slopes greater than 5% will be included in the park site. No slopes greater than 5% will be accepted by the City for maintenance. Variations from these standards may be approved by APRCSD based on grading, aesthetics, drainage and the City-approved Park Site Master Plans. 150. All dedicated properties shall be free of encumbrances or easements unless otherwise acceptable to APRCSD. Before the dedication of the park is accepted by the City, a Title Report for that park must be provided by the property owner/developer and approved by the City. 151. That prior to the approval of final tract or parcel maps where the park and trail improvements are located, the park and trail obligations of the property owner/developer shall be secured by performance bonds, letters of credit or another -48- form of security in an amount and form approved by the APRCSD. 152. That the property owner/developer shall pay its proportionate share of land acquisition (1.4-acre minimum parcel) and improvement costs to construct a 10,000 square foot City community center, in conjunction with the Mountain Park project, and others (including building; parking; landscaping, exterior lighting; patios, and building furnishings), at a cost not to exceed $1.83 million in 1991 dollars within the Development Area 10 City community park in the Mountain Park development. An escalator clause consistent with the Construction price index shall increase the value of the 1991 figure until the actual construction project is awarded. The land and improvement costs shall be secured by a performance bond, letter of credit, or other form of security approved by APRCSD prior to the approval of the first tentative tract or parcel map, whichever occurs first. (9-29) 153. That prior to the approval of the first tentative tract or parcel map for any Phase II residential development in Cypress Canyon, the exact location and park boundary shall be identified. Said park shall be subject to the review and approval of Anaheim Parks, Recreation and Community Services Department (APRCSD). Prior to the approval of the first final tract or parcel map for any Phase II residential development, whichever comes first, the park site shall be irrevocably offered for dedication to the City of Anaheim. The park facility shall be complete prior to issuance of any residential building permits in Phase II, unless approved in writing by APRCSD and the property owner/developer. (9-28) 154. That at the beginning of the Master Plan Process, APRCSD and the property owner/developer shall agree on a budget for park construction which will be consistent with the amount of park development costs as stated in the City's Park Dedication Ordinance in effect at the time and consistent with other comparable costs in the City. The property owner/developer shall construct the park based upon the Master Plan, as approved by the City's Park and Recreation Commission. POLICE 155. That pursuant to Resolution No. 89-234 adopting the Police Protection Facilities Plan for the East Santa Ana Canyon Area of Benefit, as may hereinafter be amended, the property owner/developer shall participate in the funding of the construction of the proposed Dream Street Police Substation. Unless a Development Agreement specifies otherwise, fees shall be paid prior to the approval of each final tract or parcel map or prior to issuance of a building permit witere no subdivision is involved. (9-10) 156. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with the Police Department agreeing to pay fees for a total 1,550 dwelling units and 8 commercial acres in accordance with the Police Protection Facilities Plan for the East Santa Aria -49- Canyon Area of Benefit in order to ensure that full payment is made to the City in this regard. Written proof of the Police Substation Agreement shall be furnished to the Planning and Police Departments and shall be subject to the approval by the Police Department and the City Attorney's Office. LIBRARY 157. That pursuant to Resolution No. 89R-235 adopting the Public Library Facilities Plan for the East Santa Ana Canyon area, as may hereinafter be amended, the property owner/developer shall participate in the funding of the construction of the proposed library facility in the East Hills Planned Community. Unless a Development Agreement specifies otherwise, fees shall be paid prior to approval of each final tract or parcel map, or prior to issuance of a building permit where no subdivision is involved. (9-11) 158. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement with the Library Department agreeing to pay fees for a total 1,550 dwelling units in accordance with the Public Library Facilities Plan for the East Santa Ana Canyon area in order to ensure that full payment is made to the City in this regard. Written proof of the Library Agreement shall be furnished to the Planning and Library Departments and shall be subject to the approval by the Library Department and the City Attorney's Office. SCHOOLS 159. That prior to issuance of each building permit, the property owner/developer shall pay fees or provide other mechanisms acceptable to OUSD for acquisition and construction of proposed school sites, consistent with state law, to the Orange Unified School District. (9-22) 160. That prior to approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall reserve a ten-acre school site that is acceptable to the OUSD. (9-25) 161. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall complete the Cypress Canyon Facilities and Financing Agreement in accordance with a Memorandum of Understanding between OUSD and the property owner/developer. (9-24) 162. That until such time as OUSD acquires the school site, the property owner/developer shall be responsible for maintenance of the site, including installation and maintenance of a landscaped buffer area along the boundaries of the site abutting any roadway. Plans for said landscaped areas shall be reviewed and approved by the Planning Commission and shall be prepared and processed in accordance with -50- Condition No. 62 under the "LANDSCAPING" section herein. 163. That prior to issuance of each building permit, the property owner/developer shall pay fees or provide other mechanisms acceptable to OUSD for acquisition and construction of proposed school sites consistent with State law to the Orange Unified School District. 164. That the Orange Unified School District shall be encouraged to coordinate with the Traffic Engineering Division to assure that pedestrian access follows the 'gafe route to school" standard and that adequate ingress and egress is provided at all school site entrances to discourage vehicle idling at curbsides. (6-09) FIRE 165.* That prior to commencement of structural framing on each parcel or lot, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. Specific information on the design and implementation of the required hydrant system network may be obtained from the Fire Department. 166.* That prior to issuance of building permits, all requirements of Fire Zone 4, otherwise identified as Fire Administrative Order No. 76-01, shall be met. Such requirements include, but are not limited to: chimney spark arrestors, protected attic and under floor openings, Class C or better roofing material and one hour fire resistive construction of horizontal surfaces if located within two hundred (200) feet of adjacent brushland. 167.* That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 168.* That prior to issuance of certificates of occupancy, all buildings, inclading residential buildings, shall have fire sprinklers installed, in accordance with City of Anaheim Ordinance No. 4999. (9-15) 169.* That where required and approved by the Fire Department, adequate, unobstructed fire truck turn-around areas, shall be specifically shown on plans submitted for building permits. Said turn-around areas shall be permanently marked and maintained to the satisfaction of the Fire Department. All fire accessways, including public streets in excess of 150 feet, must be provided with unobstructed fire truck turn-a-round areas. 170. That a Class I standpipe shall be installed as required by the Fire Department for all buildings in excess of three stories as defined by the Uniform Building Code. 171. That a local fire alarm system shall be installed for commercial buildings as required -51- by the Uniform Building and Fire Codes. Manual alarm pulls may be omitted from residential buildings only. 172. That prior to the approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of bnildings until separate fire services are installed. 173. That prior to issuance of the first certificate of occupancy, the Fire Marshal and the Director of Parks, Recreation and Community Services shall approve the text and materials for signs to be posted at appropriate locations regarding the potential fire and other safety hazards (including the presence of mountain lions) in the Specific Plan natural open space areas. These signs shall also make it clear that hunting is prohibited in the natural open space areas, shall identify restrictions on all free roaming pets within the natural open space area and shall state that permitted uses in natural open space areas shall be limited to hiking, walking and other uses that minimize disturbance of the wildlife habitat. (3-19) 174. That prior to the approval of each tentative tract or parcel map, the property owner/developer shall submit a fire access plan to the Fire Department for review and approval to ensure that service to the tract or parcel map is in accordance with Fire Department service requirements. Said plan shall include detailed design plans for accessibility of emergency fire equipment, fire hydrant location and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department. 175. That prior to the approval of water improvement plans, the water supply system shall be designed to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. (9-14) 176.* That prior to the placement of building materials on the building site, an all weather driving surface must be provided from the roadway system to and on the construction site. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.207(a) of the Uniform Fire Code as adopted by the City of Anaheim. 177. That prior to issuance of certificates of occupancy, the property owner/developer shall place emergency service telephone numbers in prominent locations as approved by the Fire Department. (9-16) 178/1. Prior to the issuance of the certificate of completion by LAFCO for annexation of the Cypress Canyon project area to the City of Anaheim, the property owner/developer and the City of Anaheim shall have reached an agreement with the California Department of Forestry to provide wildland fire protection for the annexed lands, or shall jointly -52- represent in writing to the LAFCO Executive Officer that adequate wildland fire protection has been secured for the annexed lands. (11-07) B. That the property owner/developer shall provide and maintain access through the Cypress Canyon Specific Plan property to insure continued access for fire suppression vehicles traveling beyond the property in response to a wildland fire in the Cleveland National Forest. Said access routes shall be approved by the Fire Department and an access easement, in a form satisfactory to the City Attorney and City Engineer shall be recorded with the office of the Orange County Recorder prior to approval of the first tentative tract or parcel map. Pn'or to the approval of each tentative tract or parcel map, the Fire Department shall review and approve a fire access plan to ensure that prior to issuance of building permits or placement of combustible materials on-site that the appropriate temporary or permanent fire service facilities will be in place to service the site. The Cypress Canyon property owner/developer shall be responsible for securing facilities acceptable to the Fire Department. (9-17) 179. That prior to submittal of each tentative tract or parcel map and Site Plan, plans incorporating safety features (i.e. vehicle access, fuel modification zones) shall be submitted to the Fire Department for review and approval. In conjunction with the submittal of all Site Plans, landscape plans shall be submitted to the Planning Department for Planning Commission review and approval in conformance with the Cypress Canyon Specific Plan. A. When adjacent to a fuel modification zone, a minimum 20-foot setback shall be required from all edges of the graded pad for all structures (i.e. patios, gazebos, decks, out buildings, house or garage) abutting the fuel modification zone. This setback of each residence and its auxiliary buildings shall be reviewed and approved by the Fire Department prior to approval of Site Plans and issuance of building permits. B. Landscape plans shall identify "wet" zones. Said plans shall be reviewed and approved by the Fire Department prior to approval of landscape plans. Depending on the grade of the slope, uphill or down, a minimum wet zone of 30 feet shall be required between the edge of the graded pad and the dry zone. Vegetation in this area shall consist of irrigated landscaping and guidelines shall be established by the Fire Department shall be followed. C. Landscape plans shall identify '~try" zones. Said plans shall be reviewed and approved by the Fire Department prior to approval of landscape plans. Depending on the slope and the fire seventy of the natural vegetation, a minimum dry zone of 25 feet shall be required. Thinning or removal of heavy perennial brush shall be required. Large shrubby plants shall be thinned out and cleared of all dead wood. All dead or dying growth shall be removed. Thinning in the first portion of the dry area shall consist of removing 70 percent of chaparral leaving specimen plant material. Spacing between the plant material shall be limited to no closer than 20 feet on center. The ground shall be -53~ cleared of all accumulated litter. In the remaining dry area, thinning shall consist of removing 30 percent of chaparral leaving specimen plant material. Spacing between the plant matedHal shall be limited to no closer than 15 feet on center. Replanting of low volume, fire resistant, drought tolerant plants shall be required for erosion and slope control Clearance of native plants in fuel modification zones shall be limited to the requirements of the apl~roved Fuel Modification Plan. The fuel modification zone is intended to provide a functional interface between the natural environment and the built environment, resulting in an area of reduced fuel load that still retains some native vegetatior~ D. The minimum fire flow requirements for each tentative tract map or parcel map or each development area, whichever is smaller, shall be 1500 gallons per minute flowing from the 2 hydrants with the lowest pressure. (11-03) E. Prior to the submittal of tentative tract or parcel maps adjacent to the boundaries of the Cypress Canyon annexation area, should any fuel modification for the Cypress Canyon project area be proposed to extend into areas outside of the City of Anaheim, the property owner/developer shall be responsible for processing fuel modification plans for said areas outside of the City of Anaheim with the appropriate jurisdiction, including the provision of any required environmental analysis. Said fuel modification plans shall be submitted to the Anaheim Fire Marshal for review and comment prior to approval and the maintenance responsibilities shall be determined by the appropriate furisdictior~ (11-06) 180. That the following requirements shall be incorporated into the CC&R's, or a separate unsubordinated covenant, which shall be reviewed and approved by the City Attorney and recorded prior to the issuance of the first certificate of occupancy of each tract or parcel map. The Anaheim Fire Chief may order removed and cleared within lO feet on each side of every roadway all flammable vegetation or other combustible growth and may enter private property to do so. This measure does not apply to single specimens of trees, ornamental shrubbery or cultivated ground covers such as green grass, ivy succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. As used in this section, '~oadway" means that portion of a highway or private street improved, designed or ordinarily used for vehicle travel It shall be the responsibility of the property owner/developer to maintain all landscaped areas, both wet and dry, in compliance with these minimum standards. (11-05) 181. That prior to the approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall enter into an agreement (Fire Station AgreemenO with the Fire Department to de&cate a one-acre fire station site, pay fees or otherwise provide a fair share of the cost to secure, grade level, and construct a new fire station facility. A. The property owner/developer shall also be responsible for paying fees or otherwise -54- providing a proportionate share of the purchase cost of all fire apparatus, fully equipped to the City's specifications, to adequately serve the project site, as determined by the Fire Department. B. The fire station site shall be one acre of unencumbered, usable land provided at no cost to the City. The cost for provision of the site and apparatus and construction of facilities needed on the site shall be shared with the proposed Mountain Park Development on an equitable basis. C. The property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of any such districts shall be at the expense of the property owner/developer. D. Written proof of the Fire Station Agreement shall be furnished to the Planning Department and the Fire Department and shall be subject to approval by the Fire Department and the City Attorney's office. (9-13) 182. That prior W approval of Site Plans in Development Areas 3, 5, 6, 13, 1~ 17, 18and 19, which are adjacent to natural open space, plans shall show adherence to the fuel modification standards section of the Specific Plar~ Prior to the approval of Site Plans and prior to the issuance of building permits, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code and in conformance with the standards as outlined below: A. The roof covering of every building or structure shall be a roof covering meeting the requirements or specifications of Class A roof coverings as set forth in the Uniform Building Code. B. No attic ventilation openings or ventilation louvers shall be permitted in soffits, in eave openings, between rafiers at eaves, or other overhanging areas. Attic or foundation ventilation louvers or ventilation openings in vertical walls shall not exceed 144 square inches each and should be covered with 1/4 inch mesh, corrosion resistant metal screen and shall not be within 3 feet of any opening. C. No projections shall be allowed in excess of 10 inches from exterior walls (Le.-decks, balconies, roof overhangs, carports and attached patio covers) unless the following standards have been met to the satisfaction of the Fire Department: 1. One hour fire resistive materials on under-side. An alternate to heavy timber construction wouM be to enclose the projection from floor level to the ground within six (6) feet horizontally from the outside edge with an exterior type one-hour fire rated assembly per the 1988 Uniform Building Code, Table 43-B. -55- 2. Heavy timber construction ~ Posts shall be 8" x 8" minimum b. Floor Beams and Girders shall be 6" x 10" minimum c. Floor joists shall be 2" minbnum material d. Floor and Roof Decking shall be 2" T&G, 1 1/8" T&G plywood, 21ayers 1" T&G plywood, or 3" nominal lumber set on edge close together with staggered joints e. Roof beams shall be 4' x 6' minimum f. Roof raflers shall be 3' minimum material (blocked soundly or with 2" minimum wood coverings 3. Decks may be protected by an approved exterior fire sprinkler system in lieu of heavy timber construction or one hour rated construction. D. No treated or untreated wood shake or wood shingle material shall be used for exterior wall coverings. Exterior surfaces shall be protected by 1/2" Type X Gypsum wallboard underlayment, tightly sealed, or shall have an equivalent fire rating. Eaves and other overhanging areas shall be protected by construction equal to other extedor surfaces. E. All exterior glass shall be double glazed unless the Chief Building Official approves a limited application or acceptable alternative. Single glazing shall be approved with a heat reflective coating. F. /Ill chimneys, flues and stovepipes shall be constructed with a minimum 12 gauge wiremesh screen that is securely attached and shall cover the entire vent diameter and not create any pockets or recesses. G. Exemptions To Construction Requirements: (1) Non-habitable accessory structures over 50 feet from habitable structures shall not be required to have fire resistive wall protection; (2) Non-habitable accessory structures, except for carports, within 50 feet of habitable structures may be of type II N (non-combustible materials); and, (3) Carports open on two or more sides located within 50 feet of habitable structures shall be of one-hour resistive construction. Supporting members shall be heavy timber or protected by materials approved for one-hour fire resistive construction. (11-04) AESTHETIC/VISUAL 183. That prior to approval of any Site Plan, the property owner/developer shall submit plans to the Zoning Division for Planning Commission review and approval. Said plans shall: A. Incorporate architectural controls to maintain the rural character of the Canyon (i.e., colors, roof materials, exterior building materials, fencing; etc.) -56- B. Be consistent with the Cypress Canyon Specific Plan Community Design Plan, which establishes a design framework and criteria which the City of Anaheim and the developers and designers of the Cypress Canyon community shall use as part of the Site Plan review process to maintain natural open space character and maintain the rural character of the canyon. (12-01) 184. That prior to approval of the first tentative tract or parcel map, Site Plan or grading plan, whichever occurs first, within Development Areas 1 and 2, which are both within the viewshed of the Riverside Freeway (SR-91), the property owner/developer shall prepare a coordinated and comprehensive visual impact assessment for review and approval by the Planning Commissior~ This assessment shall also indicate how the Landscape Program of the Cypress Canyon Specific Plan for the commercial areas is used to visually enhance the SR-91 Freeway and shall include, at a minimum, renderings from two off-site vantages set along the SR-91 Freeway. This assessment shall be submitted to the County of Orange and Caltrans for a 30-day comment period prior to Planning Commission review. (12-02) ~ AIR OUALITY 185. That all construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The property owner/developer shall submit to the Public Works-Engineering Department proof in the form of a letter, on a semi-annual basis (by January 1st and July ls0, indicating that all construction equipment is being l~roperly serviced and maintained. (6-02) 186. That prior to approval of grading plans, the property owner/developer shall submit a construction traffic plan to the City Traffic and Transportation Manager for review and approval. Said plan shall demonstrate that short term traffic congestion related to construction is reduced to the maximum extent feasible. Construction involving roadways shall be done during non-peak traffic hours. A flag person shall be provided when construction blocks the flow of traffic. Plans for construction involving roadways shall be reviewed and approved by the City Public Works-Engineering Department prior to commencing worlc Plans shall include times of construction and location of flag people in relation to flow of traffic. (6-03) 187. That the property owner/developer shall incorporate low emission paints and coatings in the design and construction of all buildings. Prior to issuance of building permits, the property owner/developer shall submit a letter to the Chief Building Official that these materials are utilized in the project design, where feasible. Further, the first painting of each structure shall be done with high-solid and water-based coatings wherever l~ossible. Light-colored materials should be used on exterior surfaces. This information shall be noted on the project plans and specifications. (6-04) 188. That prior to approval of the first final tract or parcel map, whichever occurs first, a -57- Transportation Demand Management (TDM) plan shall be reviewed and approved by the City Engineer. The TDM plan shall consider: installing bike racks; constructing half of the dwelling units with cable television hook-ups capable of providing residents with '?eal time" traffic information for the surrounding circulation system; and, administering a carpool matching program by the developer until all dwelling units are sold, at which time the homeowners association will administer the program. The TDM plan shall also comply with SCAQMD Regulation XV plans regarding incentives to increase vehicular occupancy. (8-11) 189. That the property owner/developer shall encourage future residents of Cypress Canyon to utilize public transportation, to participate in car and vanpools, and to utilize telecommuting by providing information on public transportation, carpool formation assistance, and other trip reduction methods in homeowners packets provided to all new home purchasers and renters. The packet will include a telephone number which provides access to a trained Transportation Coordinator to provide individual assistance. In addition, commuter services information shall be provided at kiosks at the commercial site and at the park site subject to the approval of the Director of the Parks, Recreation and Community Services Department. This information shall be provided to the City Traffic and Transportation Manager for review and approval prior to issuance of the first certificate of occupancy. (6-06) 190. That prior to approval of the first final tract or parcel map, whichever occurs first, the property owner/developer shall prepare a coordinated study to examine methods of implementing a Transportation Systems Management program in accordance with the City of ~lnaheim's Transportation Demand Ordinance No. 5209 and Resolution No. 91-R-89, 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 strategies applicable to the development site. (6-07) 191. Prior to approval of the first final tract or parcel map, whichever occurs first, for each phase, the property owner/developer shall prepare Site Plans and improvement plans which incorporate transit improvements, such as bus turn-out pockets, passenger waiting areas and pedestrian accessways, to encourage transit usage, to the satisfaction of the City Traffic Engineering Divislor~ In preparing such plans, the applicant shall demonstrate compliance with Orange County Transit District (OCTD) standards and demonstrate that OCTD has provided input into plan formulation. (6-05) 192. That prior to approval of each tentative tract or parcel map, the property owner/developer shall demonstrate to the Public Works-Engineering and Planning Departments compliance with a City Air Quality Element, if one has been adopted at the time of the filing of said map. (6-12) 193. That prior to the issuance of building permits and/or occupancy permits, all future -58- occupants who require District permits shall provide documentation to the City of compliance with SCAQMD regulations. (6-10) NOISE 194. That no outdoor living areas will be subjected to CNEL levels greater than 65 dBA. Appropriate mitigation (Le., setbacks, walls, and/or herming) will be implemented as necessary (including potential mitigation for noise impacts resulting from operation of the Owl Rock sand and gravel facility) to meet this requirement. A preliminary noise study which delineates specific setbacks, walls, and/or berming if required, to adequately mitigate outdoor living areas shall be submitted to the Planning Department for review and approval prior to approval of tentative tract or parcel maps for single-family detached and prior to approval of Site Plans for single-family attached and multifarni~y homes. (7-04) 195. That a preliminary noise study which delineates building design specifications for appropriate outdoor to indoor noise attenuation (to a level less than or equal to 45 CNEL) shall be submitted to the Planning Department prior to review and approval of tentative tract or pareel maps for single-family detached and prior to approval of Site Plans for single-family attached and multifami~ homes. (7-02) 196.* That prior to issuance of building permits, the property owner/developer shall present evidence satisfactory to the Building Division that each portion of the proposed project is in conformance with Council Policy Number 542, "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. (7-03) 197. That construction activities shall be limited to normal daytime hours in accordance with the City of Anaheim Noise Ordinance. All construction equipment shall be equipped with proper~ operating and maintained mufflers. In order to control construction noise impacts, the contractor(s) of the area under construction shall comply with the City of Anaheim Noise Ordinances in effect at the time of constructior~ (7-01) 198. If Owl Rock Products construction activities in the Mountain Park Community occur closer than 900 feet from Cypress Canyon residential development or if Owl Rock Products sand and gravel extraction operations occur closer than 1700 feet from Cypress Canyon residential development, then a detailed noise study shall be submitted in connection with the effected Cypress Canyon tentative tract or parcel maps or Site Plans, whichever occurs first, to identify the appropriate measures, including; but not limited to, the use of berms or other noise barriers to attenuate noise levels or specifications in the City of Anaheim Noise Ordinance. (7-05) TRAFFIC/STREET IMPROVEMENTS -59- 199. That prior to approval of the first tentative tract map or parcel map for each phase or the mass grading plan for the phase (whichever occurs first), the property owner/developer shall submit a circulation plan, including a construction access plan, for the phase. The plan shall be reviewed and approved by the City Engineer, the Traffic and Transportation Manager and the Fire Marshal. The plan shall also be submitted for review and comment by Caltrans for the portion of the plan involving Caltrans facilities. The plan shall include the following items: A. Phasing of roadway construction, specifying which roads will be constructed as backbone streets and which roads will be constructed with tract development; B. Phasing of traffic signalization; and C. Transportation demand management program. (8-15) 200. That in connection with the submittal of each tentative tract or parcel map, the property owner/developer shall submit a traffic phasing plan, including traffic signal warrants to assess the traffic level associated with the proposed number of units and product types for said map, and verify that the circulation improvements identified in FEIR No. 298 mitt~ation measures and/or conditions on the Specific Plan for the appropriate phase are adequate, so that the level of service following said improvements is not worse than LOS D as measured by the City of Anaheim. The traffic phasing plan shall be subject to the review and approval of the City Traffic and Transportation Manager. Any additional mitigation measures/improvements identO~ed as part of said plan shall be the responsibility of the property owner/developer. (8-14) 201.* That prior to issuance of each building permit, the appropriate Eastern Transportation Corridor Major Thoroughfare and Bridge fee shall be paid to the City of Anaheim in the amount(s) determined by City Council Resolution No. 89R-440 and the Foothill/Eastern Transportation Corridors Agency Resolution No. F91-01. (8-09) 202. That prior to approval of the first final tract or parcel map, whichever occurs first, all necessary Master Plan of Arterial Highway (MPAH) amendments shall be initiated/in process, and the legal owner of the property shall irrevocab!~ offer to dedicate to the City of Anaheim the full rights-of-way for all City Circulation Element-designated arterials. (8-13) 203.* That prior to issuance of each building permit, the Santiago Canyon Road Major Thoroughfare and Bridge fee shall be paid in the amount(s) determined by Orange County Board of Supervisors Resolution No. 90-986 as confirmed in writing from the County of Orange. (8~16) 204.* That prior to issuance of each building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in the amount(s) determined by -60- City Council Resolution No. 90R-198. 205. That prior to approval of the first tentative tract or parcel map, or grading plan, whichever occurs first, for Phase I, a construction contract shall have been awarded for the State Route SR-91 commuter lanes/high occupancy vehicle lanes (te., four new lanes between the Riverside/Orange County line and SR-55). Said improvements shall be operational prior to the issuance of the first building permit. (8-12) 206. That prior to approval of the first final tract or parcel map, whichever occurs first, for Phase I, the Coal Canyon Road/$R-91 Freeway interchange improvements (including signals and HOV bypass on-ramp/ramp metering; both eastbound and westbound) shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City Attorney. Said improvements shall be in operation prior to issuance of the 1,001st certificate of occupancy. (8-01) 207. Prior to the approval of the first tentative tract or parcel map, whichever occurs first, in Phase I, the property owner/developer shall enter into an agreement with the City obligating the property owner/developer for "fair share" participation needed to improve the subject segment of Santa Aria Canyon Road to Hillside Secondary Standards (including the equestrian trail) between the existing widened section east of Weir Canyon Road and the western boundary of the Mountain Park development, provided that the roadway section implemented be reduced as necessary to assure that significant grading/reconstruction of the adjacent landforms is avoided. Consultant/contractor payments shall be made by the property owner/developer upon demand of the City at the full cost of consultant/contractor payments actually billed to the City. The obligations of the property owner/developer under this condition shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in an amount and form approved by the City Attorney. Timing of implementation of the ultimate improvements shall be at the sole discretion of the City. 208. That prior to approval of the first final tract or parcel map, whichever occurs first, the full improvement of Coal Canyon Road as a primary arterial from Riverside Freeway westbound ramps to Street '~", per the Cypress Canyon Specific Plan, shall be secured by a performance bond, letter of crcdit, or other form of security acceptable to the City Engineer in a form approved by the City Attorney with construction completed prior to issuance of the first certificate of occupancy. (8-02) 209A. That prior to approval of the first final tract or parcel map, whichever occurs first, the full improvement of Street '~)" from Coal Canyon Road to the western project boundary as a secondary arterial per the Cypress Canyon Specific Plan, shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City .Attorney with construction completed prior to issuance of the first certificate of occupancy. -61- B. That, if portions or all of Street '~D" from the western project boundary to Gypsum Canyon Road and/or Gypsum Canyon Road from Street '~)" to its interchange with State Route 91 does not exist prior to approval of the first final tract or parcel map, whichever occurs first, the full grading of said roadway segments to the standards required in the Mountain Park Specific Plan (SP90-4) and aligned in compliance with the conceptual grading plan for the Mountain Park project and full construction shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City Attorney with construction completed prior to issuance of the first certificate of occupancy. To the extent the property owner/developer may qualify for reimbursement from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of timing requirements, fair share analysis, and establishment of any such districts, shall be at the expense of the property owner/developer. (8-03) 210. That prior to approval of the first final tract or parcel map, whichever occurs first, the full improvement of West Loop within the Cypress Canyon project area as a collector arterial, per the Cypress Canyon Specific Plan, shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City ,4ttorney with construction completed prior to issuance of the first certificate of occupancy for adjacent residential Planning Areas. (8-04) 211. That prior to approval of applicable final tract or parcel maps, as determined by the City Engineer, the full improvement of Coal Canyon Road, south of Street '~D" as a collector arteria~ per the Cypress Canyon Specific Plan, shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City Attorney with construction completed prior to completion and opening of the elementary school and/or the park site, whichever occurs first. (8-05) 212,4. That prior to the approval of the applicable final tract or parcel map which contalns the IO01st dwelling unit, the full improvement of Santa ,4na Canyon Road, east of Gypsum Canyon Road to Coal Canyon Road, per the applicable Mountain Park and Cypress Canyon Specific Plans, shall be secured by a performance bond, letter of credit, or other form of secudty acceptable to the City Engineer in a form approved by the City Attorney with construction completed prior to issuance of the 1001st certificate of occupancy. B. That Santa Ana Canyon Road between the western project boundary and Gypsum Canyon Road shall be graded in compliance with the conceptual grading plan and constructed to the standards and alignment required in the Mountain Park Specific Plan (SP90-4). Furthermore, until January 1, 2004, any implementation of this condition shall be subject to the terms of the Owl Rock License Agreement. Any costs associated with modification of the license area for implementation of this project shall be the cost of this project and not subject to reimbursement. -62- To the extent that the property owner/developer may qualify for reimbursement for off-site improvements from other benefitted properties, the property owner/developer may petition the City Council to establish a reimbursement agreement or benefit district to include other areas of benefit. Costs associated with the establishment of timing requirements, fair share analysis, and any such districts, shall be at the expense of the property owner/developer. (8-06) 213. That £dor to approval of final tract or parcel maps in Development Areas 3, 4, 5 and 6, or portions thereof, or tracts requiring access to East Loop Road, as determined by the City Engineer, the full improvement of East Loop Road, within the Cypress Canyon project as a collector arterial, per the Cypress Canyon Specific Plan, shall be secured by a performance bond, letter of credit, or other form of security acceptable to the City Engineer in a form approved by the City Attorney with construction completed prior to issuance of the first certificate of occupancy for Development Areas 3, 4, 5 and 6, or portions thereof. (8-07) 214. That prior to approval of each tentative tract or parcel map, plans shall be reviewed by the Subdivision Section of the Public Works-Engineering Department to ensure that cul-de-sac tumarounds per City standards shall be provided at private street deadends. (8-08) 215. That prior to the approval of the first tentative tract or parcel map, or grading plan, whichever occurs first for development which would exceed a daily tdp generation forecast of 12,514 for this project, the property owner/developer shall submit evidence to the satisfaction of the City Engineer that a construction contract has been awarded and secured for the entire length of the ETC that provides for mix flow lane connections to and from the east and west on SR-9I. The development phasing schedule shall be coordinated so that no tentative tract or parcel maps are approved for development in excess of a daily trip generation forecast of 12,514 for this project, whichever occurs first, until such time as the ETC is scheduled for operation to the satisfaction of the City Engineer. However, if the ETC construction contract has not been awarded by the first tentative tract or parcel map or grading plan for development in excess of a daily trip generation forecast of 12,514 for this project, a traffic study satisfactory to the City Engineer shall be submitted to the City Engineer or designate by the property owner/developer to document the circulation improvements needed in place of the ETC to provide levels of service not worse than D, as measured by the City of Anaheim and to document the project's fair share contribution towards said improvements. (8-10) 216. That prior to approval of each final tract or parcel map, whichever occurs first, street names for any new public or private street shall be submitted to and approved by the Planning Department. 217. That prior to approval of each final tract or parcel map, whichever occurs first, street -63- improvement plans shall be submitted to the Subdivision Section. 218. That prior to approval of each final tract or parcel map, whichever occurs first, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim easements, for street and public utility purposes, for all public streets on the final map. 219. That prior to approval of each final tract or parcel map, the legal property owner shall irrevocably offer to dedicate to the City of Anaheim easements, for public utility purposes and emergency purposes, including ingress and egress rights for maintenance purposes, for private streets on the final map. 220. 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. 221. That the property owner/developer shall be responsible for obtaining all off-site right of way needed for construction of the required improvements. Should it become necessary, due to the property owner/developer's inability to acquire said right(s)-of-way, for the City of Anaheim to negotiate for and acquire the necessary right(s)-of-way to allow the developer to construct any public improvements, the property owner/developer shall pay for all costs associated with such acquisition and condenmation proceedings. Such costs shall qualify towards the property owner/developer's "fair share" contribution. 222. That prior to the approval of RM-1200 and RM-2400 Zone tentative tract or parcel maps or Site Plans, said maps shall be designed to have a limited number of accessways to the street as approved by the City Traffic and Transportation Manager. Further, no garages shall face a public street and no driveways shall be provided which would allow a vehicle to back out onto a public street. FISCAL 223. That prior to approval of the first tentative tract or parcel map, whichever occurs first, the property owner/developer shall establish a mechanism, acceptable to the City of Anaheim, to provide on-going monitoring and transmittal to the City of Anaheim of information concerning fiscal impact of all development within Cypress Canyon; 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 shall be required. 224. That prior to approval of the first tentative tract or parcel map, whichever occurs -64- first, the property owner/developer shall enter into an agreement with the City to establish a mechanism to ensure the project generates revenues to meet the assigned cost of City sen, ices on a year by year basis recognizing cumulative surpluses and/or deficits and to provide flexibility to fund any additional future shortfall should project revenue assumptions in the fiscal impact report prove incorrect. The mechanism shall address the following: A. A means to protect the City if the hotel is not constructed or does not become operational; becomes operational, but is downsized; becomes operational, but occupancy and rental rates do not meet Strong and Associates assumptions; B. Further analysis of the cost value of police services to the project; C. A means to compensate the City for revenue deficits caused by the project during the five to six year construction period; and, D. A means to compensate the City for any cost caused by the project at or after buildout. The City shall have the right to monitor said revenues and costs. The costs to establish the mechanism(s) shall be borne by the property owner/developer. The property owner/developer shall execute and record an unsubordinated covenant against the entire site in a form approved by the City Attorney that said agreement is in effect. Should land uses change from those adopted in conjunction with the fiscal impact report, other than due to requirements imposed solely by the City, the City may require a revised fiscal impact report be prepared acceptable to the City. The mechanism(s) established to assure the project generates revenues to meet the assigned costs of City services shall then be adjusted to reflect the changed conditions of the revised fiscal impact report." MISCELLANEOUS 225. That completion of these redassification proceedings is contingent upon approval and adoption of General Plan Amendment No. 317 (Portion 1) by the City Council and completion of annexation of subject property to the City of Anaheim. 226. That the property owner/developer shall be held responsible for complying with the mitigation monitoring program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 298 that have been incorporated into the Mitigation Monitoring Program. -65 - 227. That any decision or action required by the Planning Commission for any of the above conditions shall be subject to appeal or review by the City Council within twenty-two (22) days following the date of such decision or action unless otherwise set forth in the condition. 228. That all Special Maintenance Districts or other financial mechanisms referenced in previous conditions shall be established at the expense of the property owner/developer. 229A. Prior to the issuance of any Certificate of Occupancy, and as a condition thereof (other than for conversion of existing dwelling units to condominiums, community apartments or stock cooperatives), the property owner/developer, or its successors or assigns, shall provide to any and all cable television systems franchised to serve the subdivision area (the "Cable Television Systems") the opportunity to use (upon the terms of this condition) all public easements dedicated or to be dedicated to the City, any public utility, or any compatible user by the property owner/developer for public utility, municipal, cable television, or other compatible uses to serve each and every parcel, structure and dwelling units within the Project. B. Prior to submittal of cable conduit system designs to the Electrical Engineering and/or Public Works-Engineering Department, property owner/developer shall give written notice to all Cable Television Systems at least sixty (60) days prior to the design of any Cable Conduit System described below (the "Initial Notice"). At the time of installation of utilities to serve the Project, the property owner/developer shall install cable conduit sufficient to accommodate all Cable Television Systems (the "Cable Conduit System") who have made a written request to the property owner/developer for such installation within thirty (30) days of receiving the Initial Notice including lateral access radiities from the edge of right-of-way to the junction box connection in each structure or dwelling unit. Any and all Cable Television Systems may, at their election, and without the payment of any compensation other than payment of the Installation Costs as specified below, or by entering into a binding contractual agreement to pay Installation Costs, elect to utilize the Cable Conduit System by providing written notice of the same to the property owner/developer as prescribed herein. The property owner/developer shall, to the extent possible, accommodate and incorporate all reasonable design requests and suggestions provided by the Cable Television Systems to the property owner/developer along with the Cable Television Systems' written election described above. Each Cable Television System for which cable conduit has been installed shall promptly pay to the property owner/developer upon completion of such installation an amount equal to the cost of the conduit, direct cost of installation (including the pro rata cost of digging and filling the utility trenches and digging and filling the utility trenches and redesign costs resulting from requests by Cable Television Systems), and indirect costs (including reasonable interest on sums expended form date of expense to date of payment and reasonable administrative -66- costs) associated with the installation of the conduit (the "Installation Costs"). Initially, the Installation Costs shall be determined by the property owner/developer based upon the criteria contained herein, subject to the approval by the City, which approval shall not be unreasonably withheld. In the event, after reasonable attempts and due diligence, the parties cannot agree upon the Installation Costs, either in total or as to any Cable Television System, all such Installation Costs shall be reasonably determined by the City based upon information provided by the property owner/developer pursuant to the criteria stated herein. C. Prior to submittal of cable conduit system designs to the Electrical Engineering and/or Public Works-Engineering Department, the property owner/developer shall provide evidence reasonably satisfactory to the City (e.g., copies of the Initial Notice, correspondence, etc.) that the property owner/developer has complied with this condition. D. Prior to the issuance of any building permits, the property owner/developer shall n"~ cause to be recorded against the project an agreement in a form acceptable to the City Attorney which provides that (i) exclusive easements, restrictions, agreements or otherwise shall not be granted to any person, entity, or otherwise, including but not limited to any Cable Television System, to install cable television facilities from the edge of right-of-way to the junction box connection in any structure or dwelling unit within the project, (ii) if any easement, restriction, agreement or otherwise is granted to any person, entity, or otherwise, including but not limited to any Cable Television System, to install cable television facilities from the edge of right-of-way to the junction box connection in any structure or dwelling unit within the project, such easement, restriction, agreement or otherwise shall be deemed to have been granted to all Cable Television Systems and cable television operators, including the City of Anaheim, franchised or permitted to service the project who so desire to install such facilities and (iii) all Cable Television Systems and cable television operators franehised or permitted to provide cable service to the project shall be v deemed to be third party beneficiaries to the provisions of such agreement. Such agreement shall further provide that it shall terminate as to each lot upon the conveyance of such lot to the end-user therof. E. As an alternative to "D" above, prior to the issuance of any Certificate of Occupancy, and as a condition thereof (other than for conversion of existing dwelling units to condominiums, community apartments or stock cooperatives), the property owner/developer shall dedicate and provide to the City, in addition to any and all easements otherwise required to be provided to the City pursuant to any other condition or requirement of law, an easement running from the edge of right-of-way to the junction box connection in each structure or dwelling unit. Said easement shall be dedicated to the City for public utility and other compatible uses and shall be made available by the City and the property owner/developer for the installation and placement of all necessity utilities, the Cable Conduit System, and any and all -67- compatible uses to be designated by the City; provided, however, property owner/developer shall be forced to incur no costs or expenses in relation thereto and said easement shall require cooperation and coordination by the ultimate user with the property owner/developer to avoid conflicts with property owner/developer operations). 230. That the property owner/developer shall coordinate with Pacific Bell Telephone Company to ensure timely construction and placement of necessary telephone facilities. Prior to the approval of each 'tentative tract or parcel map, the property owner/developer shall provide proof to the Zoning Division in the form of a letter from the telephone company, that said coordination has occurred. 231. That prior to the issuance of the building permit for the 1000th dwelling unit, the property owner/developer shall make one (1) development parcel in Cypress Canyon available for acquisition by a religious group for the purpose of building a facility for worship. The minimum size of the religious sanctuary parcel shall be three (3) acres. Interested religious groups and the City shall be notified when the parcel is made available. Use of the parcel by a religious organization shall be subject to approval of a conditional use permit. If after thirty-six (36) months, no religious group is willing or able to acquire the site, residential uses may be requested in accordance with the Specific Plan. 232. 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. 233. The obligations of the developer as set forth in these conditions shall be secured by a performance bond, letter of credit, or other form of security in an amount and form approved by the City Attorney. Said security, as approved shall be provided at the same time as the obligation is required by the conditions herein. 234.* That approval of this application constitutes approval of the proposed Cypress Canyon Specific Plan only to the extent that it complies with the Anaheim Municipal Zoning Code, unless specifically amended within Section VII, Zoning and Development Standards of the Specific Plan document (Chapter 18. ), and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -68- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of April , 1992. ATFEST: CITY CLERK OF THE CITY OF ANAHEIM F:\DOCS\CLERICAL\RESOLUTN\CTYATrY\ZDSP90-3.WP -69- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-67 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of April, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter NOES: COUNCIL MEMBERSz None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution NO. 92R-67 on the 8th day of April, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1992. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 92R-67 duly passed and adopted by the City Council of the City of Anaheim on April 7, 1992. CITY CLERK OF THE CITY OF ANAHEIM