92-066 RESOLUTION NO. 92R- 66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING SPECIFIC PLAN NO. 90-3
(INCLUDING A PUBLIC FACILITIES PLAN) FOR CYPRESS CANYON
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 a Public
Facilities Plan and Zoning and Development Standards), to serve as pre-annexation
zoning and subsequently regulate the development of the Cypress Canyon project
site; and
WIIEREAS, the Cypress Canyon project 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
Forination Com~nission (LAFCO) for annexation to the City of Anaheim, on the
south by unincorporated property within the City of Anaheim's sphere-of-inflnence
and by the Cleveland National Forest; and is further described in Attachment A of
this resolution which is incorporated herein; and
WIIEREAS, 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
WIIEREAS, 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 hearing, did adopt Resolution No. PC92-7
recommending adoption of Specific Plan No. 90-3; and:
WIIEREAS, thereafter, within the time prescribed by law, the City Council
caused the review of said Planning Commission action at a duly noticed public
hearing; aud
WHEREAS, at the time and place fixed for said public hearing, the City
Council did duly hold and conduct such hearing and did give all persons interested
therein an opportunity to be heard anddid receive evidence and reports, and did
consider the same; and
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W}tEREAS, the City Council, after careful consideration of the
recommendations and findings of the City Planning Commission set forth in Planning
Commission Resolution No. PC92-7, all evidence and reports offered at said hearing;
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 amended pursuant to GPA No. 317 Portion 1 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 environmental and aesthetic resources
consistent with economic realities.
WHEREAS, the City Council does concur with the findings of the Planning
Commission recommending adoption of Specific Plan No. 90-3, set forth in
Resolution No. PC 92-7.
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 are present.
NOW, THEREFORE, the City Council finds that FEIR No. 298 with a
statement of overriding considerations and the corresponding Mitigation Monitoring
Program, certified March 3, 1992, addressed the environmental impacts and
mitigation measures associated with the 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 FURTHER RESOLVED, by the City Council of the City of Anaheim
that Specific Plan 90-3 be, and the same is hereby adopted, subject to the conditions
hereinafter set forth.
BE IT FURTIlER RESOLVED that the approval of, and exercise of any
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rights under the specific plan as herein adopted shall be subject to the following
conditions:
GENERAL
1. 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, ~nust be complied with prior to submittal of an
application for, approval of, or recordation of, a tentative or final tract or parcel
map provided:
A. The tract or parcel map shall contain a note to the effect that the map is
being filed for financing and conveyance for financing purposes only and will
have no public improvement requirements; no building permits, except for
public facilities, are to be issued for the lots or parcels created by this map;
and, the recording of a subsequent map is required before building permits
can be issued; and, a covenant in a form approved by the City Attorney is
recorded against the entire site reflecting same;
B. A 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;
C. Irrevocable offers of dedication, including necessary construction and
adjoining slope easements, for right-of-way for all arterial highways and all
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; and,
D. The tract or parcel map otherwise complies with the Subdivision Map Act and
the Anaheim Municipal Code.
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
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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 otherwise 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-REI,ATED
~ . 4. That the property owner/developer shall be responsible for implementation of
~'~ all applicable stipulations, if any, in the public 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. ? 7.030of 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
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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
specific fence or wall location shall be shown in addition to the color, material
and height. Any fencing located in a manner which may obstruct the view
from a public right-of-way shall consist of decorative open-work materials.
Sections shall be provided for fences/walls at such locations showing the
relationship between the fences/walls and the public right-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 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 Site Plan 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,
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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.).
l 1.* 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 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 buiMing permits, it shall be demonstrated that all
structures have been analyzed for earthquake loading and designed according to
the most recent seixmic standards in the Uniform BuiMing Code adopted by the
City of.Anaheim and approved by the Chief BuiMing 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
California Pertinent data shall be made available to project design engineers
and architects. Proof in the form of a letter from the proper~ owner/de~,eloper
shall be submitted to the Chief BuiMing Official to indicate that the pertinent
data w~t, made available to project design engineers and architects. (1-04)
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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 Division.
18. That the property owner/developer shall provide the renter or buyer of each
dwelling unit with written information pertaining to the schools serving the
dwelling unit. A copy of the written information shall be subrnitted 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 s/x-foot high wall/fence along the side or rear lot line of any
single-family residential lot line abutting two or more single-family 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.
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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 clinging 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 vehictdar 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 corner lot, the side street line of
which is substantially a continuation of the front lot line of the corner which
it rears), there shall be a minitorito 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:
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 Aria 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
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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 drive4hrough 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 twenty4our 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 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 copy of the recorded covenant shall then be
submitted to the Zoning Division. Provisions shall be made in the covenant
that the entire Commercial Development 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/SUBDIVISION
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.
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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 Municipal 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 Corners 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.
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 loren 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 the sale of the first unit or the issuance of the first certificate of
occupancy, whichever occurs first, 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
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
renmved, damaged, diseased and/or dead.
12. Private storm drain maintenance
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13. Private street light maintenance
14. That cleaning, of all paved areas not maintained by the CiO? of Anaheim shall
be done on a monthly basis, including, but not limited to, private streets and
parking lot& Using water to clean streets', paved arete; 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 noo-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.
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
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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 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 concurrently with the final
map.
40. That prior to or concurrently with the recordation of l~ach 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.
4 I. 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 and an engineering geologist. All grading plans sitall be
subject to the approval of the City Engineer. Grading plans shall conform to the
procedures and requirements of Chapter .[Z06, "Grading, Excavation and Filtv
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 standard*' 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. 298. 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 witIx the tiering concept encouraged by CEQA, as described in Section
15152 of the CEQA GuMdines). 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 dopes shall be utilized for all structures, pavements and street
improvements, including, shouMers. Where slopes are steeper than 2:1, setback
distances shall be dependent on recommendations from the geotechnical engineer
as stated on page D-3, Appendix 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 witIx the setbacks
recommended in the report. The type and location of recommended debris fences
and/or deflection structures shall be Mentified on the tentative tract or parcel
map within an area identified as having rock fall potential. (1-02)
44. ?hat prior to approval of grading plans, the property owner/developer shall
submit to the City Engineer for review and approval, a thorough soils and
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geological report, based on 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 recotnmendations 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 suspected settlement. Areas
of settlement shall be monitored until settlement rates and projected total
settlement are within safe lintits 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 construction.
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 sitall 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 Fortnation 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
titat all proposed slopes are stabilized within safe linGits for the planned
construction, as determined by the approved soils and geol3bqc report.
D. Stabilization of Landslides -- Titis sisall 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 Appendix 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 landsIMe 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.
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F. Overexcavation of Compressible Materials -- Overexcavation of compressible
materials inchtding 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. Sbnilarly, 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 matedal (large rock material) -- oversize material generated during
grading of the site shall be handled by a combination of strategies, including
bu~ying the matedal within plantled fill areas, placement on-site in non-structural
wuste rock areas, and removal off-site for processing, elsewhere, to be ultimately
used as construction matedal or burying at another site.
J. Rock/all Potential -- Debds fences and/or deflection structures shall be used to
contain rocks dislodged over the slope dudng 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 defiection structures. (l-03)
K. Seismicity Study -- More detailed seismicity studies of the Cypress Canyon project
shall be submitted to the City Engineer /or review and approval concurrently with
grading plans. Said studies shall include a site specific seismic risk analysis.
Graded slopes shall be analyzed for earthqaake 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. (l-03)
45. That prior to approval of grading plans within an area in which the Four Corners
Pipeline 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 confortnance witIt the City Charter and
approved by the Four Comers Pipeline Company and by the City of Anaheim
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pdor to approval of the grading plan. 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 arty grading plan within an area wherein the Four
Comers 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 CEQ,,I reviews, the property
owner/developer shall be responsible for financing/implementing any necessary
mitigation measures. Said plan shall be approved by the Four Corners 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 geologqst. (l-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 atlifacts if potentially significant
artifacts are ancovered. If the arehaeological 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 ir~titutions.
C. Any archaeological work at the site shall be conducted under the direction of the
certified arehaeologist. 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 ax 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 Workx - Engineering and Planning Departments detem,ine that
development of the proposed project will have any impact on the site of the
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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. Thix 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 consistent with
professional standards. (4-01)
49. That prior to approval of mass grading plans, the property owner/developer shall
submit a monitoring platt, prepared by an Orange County certified paleontologist
to the Subdivision Section that ensures that the following, actions are
bnplemented:
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 evahtation of fossils if potentially 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 fieM 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 Enl, qneer with proof, in the
form of a letter from the paleontologist that the property owner/developer has
provided the paleontolo$qst 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 b~complete 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 sitall be
submitted to the City Engineer. Upon completion of the grading, the
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paleontologist shall notify the City Engineer as to when the final report will be
submitted. A copy of ttEe final report shall be sabmitted to the Zoning Division~
(4-02)
50. That prior to approval of grading phms evidence shall be presented to the
Engineering Department that the property owner/developer has notified the U.S.
Coast and Geodetic Sttrvc~ regarding the relocation of the historic benchmark
and ussociated 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 submittal of each mct~s grading plan, the property
owner/developer sitall sabmit a dast and erosion control plan for review by the
Subdivision Section. The dust tend erosion control plan shall be approved by the
City Engineer concurrently with the mass grading plan. The dust and erosion
control plan shall:
A. Specify steps that will be taken to comply with South Coast 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 dast emissions;
B. Specify tneasures to be taken to control dust including daily watering of exposed
sarfaces during and after grading~ ceasing grading operations during strong winds
when fugitive dust is leaving the site, planting or polymer soil binding program to
cover' disturbed areas a~ soon as possible, washing wheels of trucks traveling on
City streets and the feasibility of conducting gruding in a phased manner to
minimize the area of exposed sarfuces. Further, the property owner/developer
shall submit an exhibit to the Field Engineer each qaarter showing exposed areas
covered by hydroseeding or polymer and permanently landscaped areas;
C. Show compliance with standard City measures 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 phasing plan designed to litnit the exposed
areas by completing and covering graded areas' before additional areas 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 ire preserved drainage
courses. The erosion control plan shall be prepared in compliance with the
mitigation measures idoztified in Final EIR No. 298 and sisall 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 least I inch within a 24 hour time period), a
summary shall be submitted to the Field Engineer indicating the performance of
the erosion control facilities, the schedule for cleanup and repair, and planned
improvements to devices that did not perforrn satisfactorily. The Erosion Control
Plan shall include, but not be limited to, the following:
A. During the interim t~eriod before the ground cover takes hold, straw, wood chips,
hydroseeding~ plastic (visqueen) or other stabilizing agents shall be used.
B. Soil on graded slopes shall be strengthened by planting to reduce the potential of
erosion when directed by the City Fmgineer.
C. Site constn~ction 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 ranoff and grading, irregularities. (2-03)
53. That prior to approval of grading plans, the property owner/developer shall
submit drainage plans for review m~d approval by the City of Anaheim Public'
Works - Engineering Department. The drainage plans shall provide for diversion
of ranoff to minimize downstream erosion and cutting; however, the plans shall
also be designed to erasure 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 I0,
11A, liB, 12 and a portion of 15, which are adjacent to the Owl Rock sand and
gravel operation, landscapb~g plans, including provision for a temporary
landscaped berm/screening for the areas adjacent to the Owl Rock sand and
gravel operation boundary, shall be submitted to the Planning Det~artment for
review and approval by the Planning Commission. The slope landscaping and
irrigation shall be installed and certified by the responsible Landscape ,,lrchitect
in conformance with Section 1Z 06.137 of the Anaheim Municipal Code prior to
approval of the first plot phm grading plan for said areas, The landscaping plans
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sitall 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 anxl any other persons/agencies
determined appropriate by the Fire Marshal/City Engineer. (1-05)
56. That prior to issuance of buiMing 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 pnblic sidewalks and/or public right-of-way.
59. Titat prior to approval of luridscape 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 deto?nined 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 fur 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 reqnired to establish a
minimum of thirty (30) feet of separation between flammable vegetation and
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any structure.
6 l. 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 Specbnen Tree Removal Pertnit, to document the number and location
of the trees replaced in accordance with the requirements of the Master Specimen
Tree Removal Permit, and pdor 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
pedod of one year in accordance with approved landscape plans. All subsequent
specimen tree removal requests sitall 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 replacement area 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 area and streetscape
landscaping with the proposed grading and construction schedule to the Zoning
Division for review and approval
A. 7he 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 lf gradbtg plans are processed prior to subdivision or Site
Plan approval, 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
Anaheim Municipal Code Section lZO6.13Z The landscape plans shall provide
visual screening of urban uses (residential, comtnercial, school, water tank) from
open space areas on- and off-site and shall include heavy emphasis on
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drought-resistent and fire-retardant vegetation and be in conformance with City
requirements and standards.
C. The Irrigation Management Program shall spec'ij~ methods for monitoring the
irrigation system, and shall be designed by an irrigation engineer (certification to
be submitted in accordance with Anaheim Municipal Code Section 17.06.137).
The system shall ensure that irrigation rates do not exceed the infiltration of local
xoils and that the application of fertilizers and pesticides do not exceed
appropriate levels and frequencies.
D. Each landscaping and irrigation plan shall include the installation of low water
using, landscape and low volume irrigation systems in accordance with the
guidelines established in the State qf California Water Efficient Landscape Model
Ordinance set fortIt 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 titat minimize
runoff and evaporation, and use of mulch on top of soil to improve water holding
capacity of public landscaped areus; and, use of xeriscape and drought-tolerant
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
Co~nmission.
67. That in order to minimize the possibility of invasion of native habitats by
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non-native invasive plant species, no such plant species shall be used in
landscape plans, fitel 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 (Carpobrotus edulis)
Garland chrysanthemum (Chtysanthemam coronarium)*
· Pampas grass (Cottaderia atacamensis)*
· French broom (Cytisus monspessulans)
Scotch broom (Cytisu,~ scoparias)
· Bermada buttercup (Oxalis pes-caprae)*
German ivy (Senecio mikanoMes)
Pink periwinkle (Vinca major)
· Tamadsk(Tamarixspp.)*
· Gorse (Ulex europaeas)
Chinese Tree-of-Heaven (Allantis spp.)*
* Indicates species which may not be ased 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 use and occupancy permits 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)(I0-04)
69. That on-site landscaping and irrigation systems shall be maintained in
compliance with City standards.
70. Titat in connection with the submittal for approval of arty tentative tract and/or
parcel map inch~ding or adjacent to water reservoir sites, conceptual landscape
plart~ which delineate techniqaes 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
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submit to the Planning Department for Planning Commission review and
approval, a mvegetation 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 qua.h~ed professional experienced in revegetation
of native plant communities. The revegetation program shall inchtde the
following elements: tim#~g, plant materials, irrigation, maintenance and
performance standards. (3-04)
72. 7hat detailed landscape pittns 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-te,n 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
con forms to the preliminary Master Drainage and Runoff Management Plan.
Prior to approval by the City Engineer, the MDRMP shall be subrnitted 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
druinage systems/areas of responsibility. Implementation of the approved
MDRMP and compliance with the City NPDES Permit and Best Management
Practices shall be made part of the Conditions of Approval of each tentative tract
map. The master plan shall inchtde, 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 bnprovements to confirm the discharge levels
evaluated in FEIR No. 298 and, if necessary, Mentify provisions to reduce the
developed peak flow to pre-development levels, through such measures as
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up-stream detention.
D. Detailed assessment of existing water quality, potential water quality impacts and
a description of proposed measures to maintain water qaality, including the
followbtg:
1. Incorporation of structarul and non-structaral Best Management Pructiees
(BMPs). BMPs may inclade, but are not limited to, containment of masonry
and paint wastes on the cor~vtruction site; proper disposal of vehicle fuel and
maintenance wastes; disposal of trash and debris; prohibiting water washdown
of paved areas (both dudng and after construction); common car wash areas
connected to the sanitary sewer; and education/training for construction
workers on these practices. Engineering details, maintenance procedurex 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 platt for inland surface waters, adopted April 11, 1991. Should the
RWQCB not determine these actions by completion and approval of the
MDRMP, the MDRMI' shall Mentify 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 bnplementing the program, (b) sources of
pollatants in tunoff (e.g., nuisance flows front development areas, irrigation
flows), (c) specific types of pollutants expected in runoff that will be
monitored (e.g., total suspeaded solids, phosphorous, lead), (d) water quality
sampling stations titat are representative of runoff front the sources identified
above, (e) sampling program methodology, including, devices to be used and
frequency and duration of sampling, (f) method for evahtating data collected
from sampling program, including threshoM standards for determining
effectiveness of BMPs, and (g) additional measures, if necessary, to increase
effectiveness of BMPs to the threshoM standards identified in D(1) above.
E. Special drainage-related mitigation shall be included for the %tonarch" 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 avoM earth
disturbance which couM be harmful to the monarch Tecate cypress. There sitall
-26-
also be an undisturbed buffer 50 feet from the dripline of the monarch Tecate
cypress b: order to adequately ensure titat 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 provMe approximately the same amount (as the current condition) of sediment
transporteel 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 IqeM Study (see Appendix A of FEIR
No. 298 Response to Comment document, Sediment YieM Study, Robert Bein,
William 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 fioatables will be included in the detailed
design of the wet basin. Maintenance of the skimmer and undesirable
accumulations of settled material will also be specified.
1. All stormwater regulations contained in the MDRMP shall be prepareel 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 critedc~
J. Associated impacts on the aquifer will be partially mitiguted 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 arec~ The basin will collect the larger debds 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 wouM 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 facilities.
K. 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 Constntction Pertnit conditions.
L. Periodic cleatzing (i.e., street sweeping) of public' streets by the City to remove
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s~naIl particle-sized sediments witIt absorbed pollutants caused by uses of the
area.
M. Mechanisms to control pesticides and fertilizer usage sitall be identified and
carefidly controlled as a ~nction of the Master Drainage Plan and Runoff
Management Program (MDRMP). (2-01)
74. Titat prior to approval of gruding plans, the properiy owner/developer shall
obtain required NPDES permits from the Regional Water Quality Control Board.
(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 front entering the pablic streets and storm drains. Plans
sit all further provide for erosion runoff from slope terrace drains to be controlled
by constructing a soil catchment structure at each location where runoff front
slope terrace drains enter public drains or public rights-of-way. The sediment
traps and soil catchment structuresshall be constructed prior to issuance of any
certificates of occupancy for the tract or parcel map. These structures shall be
maintained by the propetty 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 inundation due to rainfall runoff from a 10-year, 25-year and 100-year
flood.
77. Titat prior to approval of each final tract map or parcel map, the property
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owner/developer shall:
A. Submit to the Public Works-Engineering Department, Subdivision Section for
review and approval, storm drubt 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 b~stallation o/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 drabrage 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 shouM 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 lO0-year stortn.
B. Pay the appropriate drainage assessment fee to the City of ,,tnaheim in an
amount as established by City Council prior to the approval of each final tract
or parcel map. (2-07)
78. 77tat 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 o/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 itelns:
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 necessary
by the City of Anaheim.
WATER
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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 inchtding reclaimed water
lines for brigation of common area landscapes, median strips, slopes and park
spaces in the project to accommodate future use of reclabned water. Prior to the
submittal of each tentative tract or parcel tnap, a determination whether to
inchtde recluimed 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 mup, the Water
Engineering Division sitall have the opportunity to review titat specific
development phase to determine what increment, if any, of the termbtal water
storage facility mast 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 owuer/developer shall be responsible for
~" financing any reports/studies required by the City as part of the CEQA review
and financing/implementing any necessary nfitigation 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
itnprovements.
85. That in connection with the submittal for approval of any tentative tract and/or
parcel map or grading plan, a short-te,n water conservation plan to reduce water
ase associated 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
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occurs first, the properiy owner/developer shall submit a Water Master Plan of
Improvements 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 hydraulic analysis for the
proposed system under average day, maxi,num 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 fnnds 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 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 Ana Canyon Road between Anaheim Hills Road and Mohler
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. Mitigation Measure Compliance iReport showing compliance with water
mitigation measures identified in FE1R No. 298.
F. To the extent the property owner/developer may qualify for reimbursement
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from other benefitted properties, the property ovmer/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
]and 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 back/low 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 tnap, whichever occurs first,
the property owner/developer shall enter b~to an agreement to extend and
construct, on a fair share basis, the necessary off-site and on-site water
bnprovements in accordance with the Water Utility's Rates, Rules, and
Regulations. The Water Distribution Plan sitall be prepared in accordance witIt
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 buiMing permits, the property owner/developer shall
submit plans to the Water Engineering Division of the Utilities Department to
show that water consamption reduction measures have been bnplemented as
reqaired by State law in accordance with the Water Utility's Rates, Rules and
Regulations. Plans submitted for buiMing permits shall show that the buildings
have been designed to incorporate water conservation techniques. The measares
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shall be & place prior to issuance of use and occupancy permits and shall
include, but not be lbnited to, the following:
A. Low-flush toilets and urinals (tIealth and Safety Code Section 1792L3);
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 manufacturer to 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 lhnit 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 mixing valve for bath/shower;
It. Implementation of efficient irrigation systems to minimize runoff and evaporation.
(lO-OS)
92. That in accordance with the Water Engineering Division's policy, reservoir
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.
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(9-18)
95. That, for electrical substation site and underground 691¢1/Transmission and 121¢1/
Distribution lines, prior to the approval of the first tentative tract or parcel map,
whichever occurs first, the property owner/developer sitall enter into an agreement
with the Utilities Department to dedicate or reimburse &eir proportionate share
of &e cost of a level graded site Jbr a City of Anaheim Public Utility 691¢1/to
121c1/Electrical Substation and to set forth &e timing for the grading and
dedication of the site. The site shall be 2.5 acres. In addition, any right-o)C-way
or easements necessary to provide access to the substation site for 691¢1/
Transmission and 121¢1/Distribution £ines and Public Utility construction and
maintenance crews shall be dedicated in accordance with the approved
agreement. The substation site sitall be in a centralized location approved by the
City which will best ser~e the needs of the existing, City of Anaheim, Mountain
Park; Cypress Canyon and any other new develo£ments in the Gypsum and Coal
Canyon areas. To the 'extent the property owner/developer may qualify for
reimbursement front 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 fitrnished to the
Planning De£artment and the Utilities Department and shall be sabject to
approval by the Utilities Department and the City Attomey5 Office. (9-19)
96. That, for underground 69kV Transmission lines, the property owner/developer
shall provide and install underground conduits and substructnres, 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 large-lot tract or parcel map or
builder 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 CEOA reviews, the property owner/developer shall be
responsible for financing any reports/studies required by the City as part of
the CEOA review and financing/implementing any necessary mitigation
measures. The financing of any reports, studies, and/or actions taken to
mitigate enviromnental concerns associated with the Electrical System shall
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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 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 hy the City.
102 A. That, for electrical 12kV distribution systems and electrical street light and
communication systems, the property owner/developer shall construct a
conduit, substructure system in Santa Aria Canyon Road from the project
boundary west to intercept existing conduits located near the eastern
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boundary of the East Hills development. The property owner/developer
shall pay a fee for the installation of underground cables, padmounted
switches, and related facilities to complete an underground line extension
along Santa Ana Canyon Road, all in accordance with the City of
Anaheim's Electric Rates, Rules and Regulations. 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.
B. That 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 improvexnent 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 quali~ 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 conduits, pull boxes, subsurface transformer enclosures,
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.
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 Commmfication 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
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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, add 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 improve~nent 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.
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 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
437-
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 DMsion. The property owner/developer's engineer(s) shall
provide tract inaps, 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.
1ll. 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 perutits, the property owner/developer shall
demoastrate to the Chief BuiMb~g Official that all structures in the project
development will comply with the California Energy Commission conservation
measures recommended for residential and non-residential buildings and with
Title 24 buiMing 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 amended. (10-02)
1'14. That the property owner/developer shall instruct its architect, engineers and
landsca£e 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 tbnes, to provide state of the art energy efficient
heating, and air conditioning, to provide energ~ efficient roadway lighting; to
establish landsca£ing intended to reduce electrical and water consum£tion, and
-38-
other mitigatblg measures to offset potential bnpacts 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 retrofitthug. Pdor 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 Division. (l O-01)
115. A. That the Southern California Gas Company has developed several programs
which are intended to assist bz 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
Southern California Gas Company and submitted to the Chief Building
Official prior to issuance of the first building, permit. (9-2l)
B. That prior to the issuance of buildblg 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 Comoany,
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 t tie Chief Buildb~g Official that the project has incorporated,
to the extent feasible, design requirements that include 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 buiMings, and reduced therraal load with
automated time clockx 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, refrigerators, 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.
Use of waste heat in non-residential buildings.
htstallation 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) amus before being
exhausted.
-39-
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 witIs 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 inchtdes 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 pan of the $2.7 million cost.
The cost for construction of facilities needed on the site sisall 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
Anaheirn'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.
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
-40-
dwelling unit with written information concerning Anaheim Municipal Code
Section 14.32.500, "Parking Restricted to Facilitate Street Sweeping." Such
written information shall clearly 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 divisiorr 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 cat's and the trash containers. Such info,nation shall be
specifically shown on the plans submitted to the Planning, Commission for Site
Plan approval and for buiMing 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 saM 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 impacta' to the existing sewer system in
the project vicinity and shall btclude 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 calcalations
c. Sewer construction phasing, (9-06)
122. That prior to approval of each final tract or parcel map, the property
owner/developer shall pay the appropriate sewer assessment fee as established by
City Council Resohttion. (9-08)
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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 perinits, 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
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 buiMing permit, the propet~y 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)
11AI~IlTAT ENHANCEMENT
127. That prior to the approval of gradin[,, 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 .[or suitability as riparian (inchiding wetland) habitat mitigation
areas shall be evaluated by the U.S. Fish and Wildlife 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 specifications for site maintenance, terms of
maintenance, frequency of monitoring, financing mechanisms and performance
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standards. These sites sitall provide for no net loss of wetland habitat.
B. Channel systems in the Ilabitat Replacement Program shall be situated along
Coal Canyon. Tile 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 caljacent ungraded areas,
native plants shall be preserved bl 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 included 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, inchtding buffer zones and fitel
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. (3-0l)
128. That prior to issuance of gradblg permits, the property owner/developer shall
submit a report by a qualified botanist indicating whether many stemmed dudleya
are located within tile boundaries of ttie grading, plan. If many stemmed dudleya
are present, the property owner/developer shall implement a one-time relocation
program for all identified many-stemmed dudleya populations, conducted by a
qualified botanist familiar with successful techniques for relocation of this species.
Tile 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.
EvMence that the relocation program has been implemented must be submitted
to the City of Anaheim Plannbig Department within 30 days of completion of ttie
relocation work. The program shall include:
GuMelines for relocation site assessment, to be based upon the assessment and
characterization of aristing, environmental conditions at the present popalation
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sites. Assessment criteria will blchtde: slope aspect, soil characteristics,
vegetation cover, associated species, and plant species dominance.
Identification of suitable unoccupied relocation sites, based apon 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
bwestigated 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.
GuMelines for propagule collection, based upon tile time of year relocation
activities begin and the stage of growth of plants at that time.
Planting guMelines, including techniques for site preparation, planting,
stabilization of new plantings and erosion control.
GuMelines for propagation of a reserve sapply 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
successfid 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 occars first, wiMlife water supplies (well fed water troughs) shall
be placed in canyon areas to the south of the development area (but with-in the
Specific Plan boundary) to reduce the need for wildh~fe 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-H)
130. That prior to upproval of tile first tentative tract or parcel map for building
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purposes, or mass grading, plan, whichever occurs first, the property
owner, Ateveloper shall:
A. Submit a Wildlife Corridor Plan prepared by a qualified biologist for the
Mindeman and '~" Canyon culverts (as shown in Aerial Photo · Wildlife
Corridors, Exhibit 22 of the EIR No. 298 documenO for review and approval by
the Planning Commission, and;
B. Ensure that the corridors are in place in accordance with the approved plan to
&e satisfaction of the Planning Commission. (3-12)
131. That a qualifted 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, gradbig of the project, a qualified biologist styall be on site to recommend
preservation of sigmificant native vegetation~ Said recommendations shall be
reviewed by contructors and bnplemented if determined feasible. (3-02)
133. That prior to the approval of landscape plans, a qualified arborist, 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 gradb~g cdjacent 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
Plannbtg Department for review to ensure that:
A. 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 eqaipment and buiMing 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 Wor~ - Engineering Department.
B. During grading and construction in the vicinity of riparian woodland and wetland
areas, these areas shall be temporurily fenced off with orange fencing material to
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prevent grading material or ~oils front being placed or stored near or on top of
any riparian woodland or wetland are~ 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.
D. Construction shall not be conducted adfucent to wetland areas between October
15 and MarcIt 15, or for other time periods based on special erosion control
measares as approved by the City Engineer.
E. Graded slopes adjacent to the main canyon shah be revegetated, and, combined
with the riparian habitat replacement #~ the canyon, will serve to provide wildlife
movement opportunities, particularly for birds and other small species, and larger
species that are tolerant of haman 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 FederaI Migratory Bird Treaty Act. All clearing
shall be carried out in accordance with the sections of that Act 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 presen,ed 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 gruding plans. (3-14)
138. That hazardous materials on the project site shall be controlled during
construction. All hazardous materials, including 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 witIt titis condition. (3-07)
139. Titat 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 witIs Site Plans to show the
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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 ad}acent to open space areas shall be incladed 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 transaction. This statement shall
include items such as: a warning, about the dangers and nuisances posed by
wiMlife 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 c3~press forest, such as the trees' high fire potential and the
potential need to conduct controlled burns. 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 wiMlife
that result from allowing pets to roam freely. Further, the statement shall indicate
that dogs und 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)
PARKS
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. Titat 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 bnprovements as part of in-tract
improvements.
A. In addition to specificatiot~s for trail width and grade, the City of Anaheim
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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 u~ing the pedestrian trails in the vicinity of the commercial
uses and bitersections of proposed arterial highways will be analyzed arid
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 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 ntility 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 mid 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.
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148. That no portion of the park shall be encumbered by the Four Corners
Pipeline.
149. That the dedicated park site shall be graded flat 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 form of security in an amount and form approved by the APRCSD.
152. That the property owner/developer shall pay its propot~tionate 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 buiMing, 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 resMential 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 H 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 buiMing 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
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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 Cattyon 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 where 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 Ana 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 pursaant to Resohttion 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 Agweement 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-ll)
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
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Office.
SCHOOLS
159. That prior to issuance of each building pertnit, the property ownerJdeveloper
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)
]60. 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. (9-23)
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 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 City Traffic' and Transportation Division to assure that pedestrian access
follows the '~afe route to school" standard and that adequate ingress and egress
is provMed at all school site entrances to discourage vehicle Mling 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
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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, including
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 snbnfitted 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 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 buildings 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 tnountain
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
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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 provMe 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)
178A. 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 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. SaM access routes shall be approveel 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.
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Prior 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 issaance of
buiMing 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, fitel 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, deck~, 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 '~vet" 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 "dry" zones. SaM plans shall be reviewed and
approved by the Fire Department prior to approval of landscape plans.
Depending, on the slope and the fire severity of the natural vegetation, a
minimum dry zone of 25 feet sitall 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 70percent
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 cleared of all accumulated litter. In the remaining dry area, thinning shall
consist of removing 30 percent Rf chaparral leaving specimen plant material.
Spacing between the plant tnaterial shall be limited to no closer than 15feet on
center. Replanting of low vohtme, 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 approved Fuel
Modification Plan. The fuel modification zone is intended to provide a
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fitnctional interface between the natural environment and the built environment,
resulting in an area of reduced fuel load that still retains some native vegetation.
D. The minimum fire /low requirements /or 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; shouM 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 sam areas outside of the
City o/Anaheim with the appropriate jurisdiction, including the provision of any
required environmental analysis. SaM fuel modification plans shall be
submitted to the Anahein, Fire Marshal for review and comment prior to
approval and the maintenance responsibilities sitall be determined by the
appropriate fitrisdiction. (ll-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 tentative tract map or parcel map. 7he Anaheim Fire Chief
may order removed and cleared within 10 feet on each side of every roadway
all fiammable 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 ased as ground covers, provided that they do not
form a means of readily transmitting fire. As used in this section, "roadway"
means that portion of a highway or private street irnproved, designed or
ordinarily used for vehicle travel. It shall be the responsibility of the property
owner/developer to tnaintain 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 dedicate a one-acre fire station
site, pay fees or otherwise provide a fair sitare 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 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.
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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. Wdtten proof of the Fire Station Agreement ,titall 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 to approval of Site Plans in Development Areas 3, 5, 6, 13, 16, 17,
18 and 19, which are adjacent to natural open space, plans shall show
adherence to the fuel modification standards section of the Specific Plan. 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 rafters 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 shouM be covered witIt 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
(i.e.-deck*, balconies, roof overhangs, carports and attaehed 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 grourul within sLr (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.
2. Heavy timber construction
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a, Posts shah be 8" x 8" minbnum
b. Floor Beams and Girders shah be 6" x 10" mbtimum
c. Floor joists shall be 2" minimum material
d. Floor and Roof Decking shall be 2" T&G, 1 l/8" T&G plywood, 2
layers 1" T&G plywood, or 3" nominal lumber set on edge close
together with staggered joints
e. Roof beams shah be 4' x 6' minimum
f. Roof rafters 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 shaH be ased for
exterior wall coverings. Exterior surJ~tces shah be protected by 1/2" Type X
Gypsum wallboard underlayment, tightly sealed, or shaH have an equivalent fire
rating. Eaves and other overhanging areas shah be protected by construction
equal to other extedor surfaces.
E. All exterior glass shah be double glazed unless the Chief Building Official
approves a limited application or acceptable alternative. Single glazing sitall be
approved with a heat reflective coating.
F. All chimneys, flues and stovepipes shah be constructed with a minimum 12
gauge wiremesh screen that is securely attached and shah 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 front 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 1[ N
(non-combustible materials); and, (3) Carports open on two or more sMes
located within 50 feet of habitable structures shall be of one-hour resistive
construction. Supporting members shah be heavy timber or protected by
matedais approved for one-hour fire resistive construction. (11-04)
AESTI IETIC/VISUAL
183. Titat pdor to approval of any Site Plan, the property owner/developer shah
submit plans to the Zoning Division for Planning Commission review and
approval. Said plans sitall:
A. Incorporute architectural controls to maintain the rural character of the Canyon
(i.e., colors, roof materials, exterior building materials, fencing, etc'.)
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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 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 Commission. 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 sitall 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 Cultruns for a
30-day comment period. (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 bi-annual basis, indicating that all construction equipment is being
properly serviced and maintained. (6-02)
186. Titat 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. SaM plan shall demonstrate that short term
traffic congestion related to construction is reduced to the maximum extent
feca'ible. Construction involving roadways sitall 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 work: 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 ernission 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 titat 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 possible. Light-colored materials
shouM be used on exterior surfaces. This information shall be noted on the
project plans and specifications. (6-04)
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188. That prior to approval of the first tract or parcel map, whichever occurs first, a
Transportation Demand Management (TDM) plan shall be reviewcd 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 'Yeal 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 tile homeowners
association will administer the program. The TDM plan shall also comply with
SCAQMD Regulation XI/ 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 provMing infortnation 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
inchtde 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
Corninanity 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 Detnand 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 inchtde 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, whicheveroccurs 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
Division. In preparing such plans, the applicant shall demonstrate compliance
with Orange County Trunsit District (OCTD) standards and demonstrate that
OCTD has provided input into plan formulatior~ (6-05)
192. That prior to approval of each tentative tract or parcel map, the property
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owner/developer sitall demonstrate to the Public Workx-Engineedng 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 builtling permits and/or occupancy permits, all
future 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 titan 65
dBA. Appropriate mitigation (i.e., setbacks, walls, and/or berming) will be
implemented as necessary (inchtding 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 betming 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 multifamily 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 titan or
equal to 45 CNEL) shall be submitted to the Planning Department prior to
review and approval of tentative tract or parcel maps for single-family detached
and prior to approval of Site Plans for single-family attached and multifamily
homes. (7-02)
196.* That prior to issuance of buiMing permits, the property owner/developer shall
present evidence satisfuctory to the BuiMing 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 Anahebn Noise Ordinance. All construction
equipment shall be equipped with properly operating and maintained mufflers.
In order to control construction noise intpacts, the contractor(s) of the area
under construction shall comply with the City of Anaheim Noise Ordinances in
effect at the time of construction. (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 resMential development, then a detailed noise
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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, includin& but not limited to, the use of berths or other
noise barriers' to attenuate noise levels or specifications in the City of Anaheim
Noise Ordinance. (7-05)
TRAFFIC/STREET IMPROVEMENTS
199. Titat 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 firsO, 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 Deputy City Engineer, the Traffic and TramT~ortation Manager
and the Fire Marshal. The plan shall also be submitted for review and
comment by Caltrans for the portion of the plan involving, Caltruns facilities.
The plan shall include the following items:
A. Phasing of roadway construction, &oecifying which roads' will be constructed as
backbone streets and which roads will be cor~tructed witIs tract development;
B. Phasing of traffic signalization; and
C. Transportation demand management progrant. (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, inchiding traffic
signal warrants to assess the traffic level associated witIt the proposed number
of units and product types for said map, and verify that the circulation
improvements identified in FEIR No. 298 mitigation 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 arid approval of the City Traffic and Transportation Manager. Any
a&titional mitigation measures/improvements identified as part of said platt
shall be the res£onsibility of the property owner/developer. (8-14)
201.* That prior to issaance 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) determbzed by City Council Resolution No.
89R-440 and the Foothill/Ect~tern Transportation Corridors Agency Resolution
No. F91-01. (8-09)
202. 7hat prior to approval of the first final tract or parcel map, whichever occurs
first, all necessary Master Plan of Arterial Highway (MPAH) amendments shall
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be initiated/in process, and the legal owner of the property shall irrevocably
offer to dedicate to the City of Anaheim &e full rights-of-way for all City
Circulation Element-designated arterials. (8-13)
203.* ~hat 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 Resohttion 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 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 (i.e., 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/SR-91 Freeway interchange
improvements (including signals and IlOVbypass on-ramp/ramp metering, both
eastbound and westboand) 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 large-lot or builder 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 Ana 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
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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 '2)", per the Cypress Canyon
Specific Plan, shall be secured by a performance bond, letter of credit, or other
form of security acceptable to tile 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, the full
improvement of Street '7)" 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.
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 '~D" 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 reqaired 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 fortn of security acceptable to the City Engineer in a
form approved by tile City Attorney with construction cotnpleted prior to
issuance of the first certificate of occupancy. To the extent the property
owner/developer may qualij? 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 sltch 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 Attorney 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"
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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 completion and opening of the elementary school and/or the park site,
whichever occurs first. (8-05)
212A. That prior to the approval of the applicable final tract or parcel map which
contains the 1001st dwelling unit, the full improvement of Santa Aria Cattyon
Road, east of Gypsum Cartyon 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 security
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 Aria Canyon Road between the western project boundary and Gypsum
Canyon Road sitall 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 I, 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 lieense area for implementation of this
project shall be the cost of this project and not subject to reimbursement.
C. 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 inchtde other areas of benefit. Costs associated
with the establishment of timing requirements, fair sitare analysis, and any such
districts, shall be at the expense of the property owner/developer. (8-06)
213. Titat prior 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 bnprovement 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 titat cul-de-sac turnarounds 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,
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whichever occurs first for development which wouM exceed a daily trip get, eration
forecast of 12,514 for this project, the property owner/developer shall submit
evMence to the satisfaction of the City Engineer that a construction contract has
beo~ 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-91. 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 ~brecast
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 improvement plans shall be subnfitted 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
acqnire 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
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public improvements, the property owner/developer shall pay for all costs
associated with such acquisition and condemnation 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 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 services 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
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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 reclassification 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
owuer/developer shall be responsible for any direct costs associated with the
monitoring and reporting required to ensure implementation of those
nfitigation measures identified in Final Environmental Impact Report No. 298
that have been incorporated into the Mitigation Monitoring Program.
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.
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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 facilities
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 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 cause to be recorded against the project an agreement in a form
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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 franchised or permitted to provide cable service to
the project shall be 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 ease~nent 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 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
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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 apprnval of titis 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 18.77 ), 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.
(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 measares 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.)
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby find and determine that the adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
hereinabove set forth. Should any condition or any part thereof, be declared invalid
or unenforceable by the final judgement of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this ?/-h day of April , 1992.
MAYOR CITY OF
OF THE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
F:\DOCS\CLERICAL\RESOLUTN\CTYATrY\FPSP90-3.WP
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STATE OF CALIFORNIA
COUNTY OF O~NGE ss.
CITY OF ANAHEIM
I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 92R-66 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 MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor of the city of Anaheim'signed said
Resolution No. 92R-66 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-66 duly passed and adopted
by the City Council of the City of Anaheim on April 7, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
ATTACHMENT "A"
Legal Description
The land is situated in the State of California, County of Orange, and is described
as follows:
PARCEL 1:
A portion of Block 34 and those portions of Blocks 27 and 31 of lrvine's Subdivision
in the County of Orange, State of California, as per map recorded in book 1, page
88 of Miscellaneous Maps, and as per map recorded in book 101, page 48 of Records
of Surveys in the Office of the County Recorder of said County, lying within the land
described as Parcels 1 and 3 of that certain Lot I.ine Adjustment No. LL-85-22,
recorded August 15, 1985, as Instrument No. 85-
304375, Official Records.
PARCEL 2:
Block 33 of Irvine's Subdivision, in the County of Orange, State of California, as per
map recorded in book 1, page 88, of Miscellaneous Maps.
PARCEL 3:
That portion of Block 32 of Irvine's Subdivision, in the County of Orange, State of
California, as per map recorded in book 1, page 88 of Miscellaneous Maps of said
County, lying Southerly of the Southerly boundary of Parcel 46541- i on Final Order
of Condemnation, by the State of California, recorded December 17, 1969, in book
9166, page 569, Official Records.
Excepting from Parcels 1, 2 and 3 above, those portions described in the deed to the
State of California recorded May 15, 1991, as Instrument No. 91-237053, Official
Records.
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