HomeMy WebLinkAboutORD-10-97 Approve 2nd Amendment to Development Agreement-California QuartetORDINANCE NO. 10-
97 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING
SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT NO. 1-88 BETWEEN THE CITY OF
ORANGE AND CALIFORNIA QUARTET,
A CALIFORNIA LIMITED PARTNERSHIP,
AS SUCCESSOR-IN-INTEREST
TO
WOODCREST DEVELOPMENT,INCORPORATED.WHEREAS, Section 65864 et seq, of the
California Government Code authorized cities to enter into development agreements
with any person having a legal or equitable interest in real property for
the development of
such property; and WHEREAS, the City Council of the City of
Orange has adopted Ordinance No. 40-88 establishing procedures
for the processing and approval
of development agreements; and WHEREAS, the City Council of the City of
Orange, on October 25,1988, adopted Ordinance No, 41-
88 approving the subject Development Agreement between the City
of Orange
and Woodcrest Development,Incorporated; and WHEREAS, the City Council of the City
of Orange on January 24,1995, adopted Ordinance No. 21-
94 approving the First
Amendment to Development Agreement No, 1-88,NOW, THEREFORE,
THE CITY COUNCIL OF THE
CITY OF
ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:The City Council finds that a
public hearing has been held before this City Council pursuant to
the procedures described in Ordinance No, 40-88,At the hearing, the
City Council has considered testimony presented by the public and,
Amendment No, 2 to Development Agreement No, 1-88 between the City
of Orange and California Quartet, a California Limited
Partnership,SECTION
II:The City Council hereby makes the following findings
regarding Amendment No, 2 to Development Agreement No, 1-88 between
the City and
California Quartet:1. The amendments are consistent with the City's
General Plan objectives, policies, and general
land uses,2, The amendments are consistent with proposed amendments
to the Serrano Heights
Specific Plan,3. The amendments include Municipal Code updates and
revisions that require the development of the site in a safe manner and
protect the general welfare of
the public,4. The amendments allow the orderly development of the
subject site.
SECTION III:The City Council hereby approves Amendment No, 2
to Development Agreement No, 1-88 in the form attached
hereto and incorporates Amendment No, 2 herein by this referenee, Within ten (10)
days after this Ordinanee takes effect, the City Council shall execute
Amendment No.2.Said approval is made conditional upon satisfaction
of the conditions eontained
in Exhibit "
A",SECTION IV:Within ten (10) days after the execution of Amendment
No. 2 to Development Agreement No, 1-88 by all parties, the City
Clerk is directed to record such Amendment
pursuant to
its terms.SECTION V:A summary of this Ordinance shall be published
and a certified copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City Council
meeting at which this Ord. No.
Ordinance
is to be adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage in the Orange
City News, a newspaper of general circulation, published and circulated
in the City of Orange, The City Clerk shall post in the Office of the
City Clerk a certified copy of the full text of such adopted Ordinance along
with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final
passage,ADOPTED
this 22nd day of April 1997 ATTEST:
May1
of the City of Orange t j
flAA1AAd?
M~~ti/A":C City
Clerk ofth City of Orange STATE
OF CALIFORNIA)COUNTY
OF ORANGE )CITY
OF ORANGE )I,
CASSANDRA J. CATHCART, City Clerk of the City of Orange, California,do
hereby certifY that the foregoing Ordinance was introduced at the regular meeting of the
City Council held on the 8th day of April , 1997, and thereafter at the regular
meeting of said City Council duly held on the .22nd day of ApT; 1 , 1997,was
duly passed and adopted by the following vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS; NONE euMA~
kAANAAf City
Clerk ofthV'Cityof Orange SSH:
ls 3 Ord. No. 10-97
EXHIBIT "A"
1.
That the Property Owner/Developer shall be responsible for implementation
of all applicable stipulations in the approved Serrano
Heights Specific Plan; and that all future grading and development
of the Serrano Heights project shall meet standards as
set forth in the Specific Plan,2.
That concurrent with the submittal of each tentative tract map,the
Property Owner/Developershall demonstrate compliance with
the development area lot size averaging procedure set forth in
the Serrano Heights Specific Plan.3.
Prior to final approval of building permits, site plans shall be submitted
to the Police and Fire Departments for review and approval
for defensible space concepts and safety features (i,e"access,
visibility, surveillance, etc,),4.
That all construction shall comply with all prOVlSlOns of applicable
building codes and the various mechanical codes related
thereto,5,
That bonding requirements for those infrastructure improvements
necessary for the Serrano Heights project that are funded
through the formation of a Communities Facilities District (
CFD) as set forth in Section 7.8.2 of the Serrano Heights Development
Agreement and operating Memorandum Number One
which was recorded on October 27, 1989 may be satisfied by the
CFD. (See 7.8.3 ofthe development agreement),G,
That within GO days of the City Council's action on the Specific Plan,
the Owner/Developershall provide the Department of Community
Development with three copies of an amended Specific
Plan document reflective of the City Council's action.Upon
review and approval by the Department of Community Development,
50 copies of the final document shall be provided by the
Owner/Developer to the Department of Community Development.
Developer shall also provide City with reproducible
large scale Specific Plan Exhibits, as required by the Director
of the Department of Community Development,
7, Developer shall enter into an agreement with the City to execute
a written monitoring and reporting program, in accordance with
Section 21081.6 of the Public Resources Code, to demonstrate
implementation of mitigation measures required as part of the
EIR. Monitoring agreement shall be executed prior to issuance of
any grading permits.
WATER
8, That the water supply system for the Serrano Heights
Development shall be funded, designed and constructed in
accordance with the Serrano Heights Specific Plan and Public
Facilities Plan included therein.
9. That the water supply system will be constructed in accordance
with the City of Orange Water Department Water Rates, Rules
and Regulations,
10, That the land required for implementation of the water system
shall be dedicated to the City in conjunction with streets, and
through easements at the time of final map recordation, Any
reservoir sites will be dedicated with final maps, or when
required by the City,
11. That all water supply planning for the project shall be closely
coordinated with, and be subject to review and final approval by
the City of Orange Water Department,
12, That the financing of the recommended water system facilities
will be in accordance with the Public Works Department, Water
Rates, Rules and Regulations as noted below:
a) The developer shall install all on-site primary main
and secondary main improvements at no cost to the
City.b) The City shall provide the design and construction
of permanent pump stations and reservoirs, The funding
for these special facilities shall be provided through
existing and future water connection fees and/or water user
fees,
As an alternative, and subject to Water Department
approval, the developer may design and construct the
aforementioned special facilities on an "as needed" basis,
In this case, the developer may be reimbursed for design
and construction costs by the Water Department via
existing and future water connection fees and/or water user
fees,
c) That any financial arrangement for construction of special
facilities and backbone water system improvements shall be
approved by the City of Orange Water Department prior to
final tract map approval.
SEWER
13, That the sewer system located within public street.s and
easements shall be dedicated to the City concurrent with the
recordation of each final map,
14, That the S-inch and lO-inch sewer lines located within
the project shall be financed, designed and constructed
by the
Owner/Developer,15, Prior to approval of each final tract map,
the Property Owner/Developer shall submit plans,
including sizing requirements for the sanitary sewer systems within the
tract or parcel boundaries, for review and approval by City
Engineer, The sewer system for the project shall be funded,
constructed and maintained in accordance with the requirements of the
City of Orange Public
Works Department,16. Prior to approval of each final map, the location,
phasing, and bonding details of the sewer facilities shall be det.
ermined by street configurations, lot layouts and gravity flow,
to the satisfaction ofthe
City Engineer.17. Thatthe Owner/Developer shall be financially responsible
for the following sanitary
sewer-related items:a)The design and construction of
all local sewer extensions and related facilities
as
part
of
improvements for each tract, as approved by the City
Engineer,
b) A Financial mechanism acceptable to and approved by the
City of Orange, for maintenance of sewer lines in private
streets shall be established at the expense of the
Owner/Developer,
SANITATION
18, That project solid waste handling provisions shall be in
accordance with City codes for the screening of trash receptacle
areas and access for trash pickup.
19, That prior to final building and zoning inspections, "No parking
for street sweeping" signs shall be installed as required by the
Department of Public Works and in accordance with
specifications on file with said department.
DRAINAGE
20, That the storm drain system for the project shall include
underground drainage facilities, The underground pipe shall be
designed consistent with City of Orange Public Works
Department Standards as approved by the City Engineer.
21. That the design and installation of project drainage facilities
shall be in accordance with the flow criteria, design standards
and construction requirements of the City of Orange Public
Works Department. The phasing of construction and final design,
including erosion control measures shall be approved by the City
Engineer,
22, That the Owner/Developer shall be financially responsible for the
following items:
a) Fund and construct the Master Plan drainage facilities
which shall serve to off-set the payment of drainage
fees.b) The construction of in-tract and local storm
drain
system
23.
24.
25.
2(L
I .
That the local and Master Plan storm drain system located in
public streets and public easements shall be offered for dedication
to the City at the time of final map recordation.
Prior to approval of each final tract map, the Property
Owner/Developer shall provide sizing requirements for storm
drain systems within the tract or parcel boundaries, as reviewed
and approved by the City Engineer.
That bonding for the local storm drain facilities shall be provided
in conjunction with the various phases.
That local storm drains shall be constructed by the developer as
part of the improvements for each tract.
Prior to the approval of the first final tract map, a special
maintenance district or other funding mechanism acceptable to
and approved by the City shall be established at the expense of
the Owner/Developer for the maintenance of all open or natural
channel storm drain facilities within the Serrano Heights
development,
STREETS
8, Prior to approval of any final map that incorporates a private
street, a financial mechanism for the maintenance of private
streets shall be approved by the City,
29. That all private streets shall be developed in accordance with
City standards for private streets, including installation of street
name signs, unless variations to City standards with regard to
street width are mutually agreed upon by the Developer and
Director of Public Works, Plans for the private street lighting, as
approved by Public Works Department, shall be submitted for
approval and included with the building plans prior to the
issuance of building permits,
30,
That the private street system design shall include provisions for accommodating
the collection of refuse in accordance with City requirements,
5
31. That prior to final tract map approval, street names shall be
approved by the Public Works Department,
32. That temporary street name signs shall be installed prior to any
occupancy if permanent street name signs have not been
installed,
33. That no public or private street grades shall exceed 10% except by
prior approval of the Public Works Department,
34. That all emergency parking bays be provided in conformance with
City Engineer standards.
35. That the gates shall no be installed across any driveway or
private street in a manner which may adversely affect vehicular
traffic in the adjacent public street(s), Installation of any gates
shall conform to City of Orange Eng,ineering Standard Plans and
their location shall be subject to the review and approval of the
City's Staff Review Committee,
36. Prior to approval of the first final tract map, the general
alignment of the Serrano Heights road system, as shown on
Exhibit 28 of the Specific Plan, shall be submitted for review and
approval by the City's Director of Public Works. Prior to approval
of each final tract map the engineering drawings for street
improvements shall be submitted for review and approval by the
City Engineer,
37, That the Owner/Developer shall be financially responsible for the
following:
a) Design and construction of the public and private road,
b) Design and construction associated with landscaping of the
parkways adjacent to public and private streets,
c) Maintenance of the private street system, unless
maintained by another financial mechanism approved by
the City,
6
38. That Serrano Avenue shall be constructed to Hillside Secondary
Arterial Highway standards (4 lanes within a 64.foot right-
of-
way),39, That public residential streets provided in all
single-family residential areas shall consist of 2 lanes within at least
a
44-foot right-of-way,40, That private streets shall serve all
other residential areas of the site which are not accessed by
the public street system. These streets shall be designed in
accordance with the standards set forth in the Serrano Heights Specific
Plan and approved by the City Traffic Engineer,
Tracts providing private streets shall require issuance
of a Conditional Use Permit.41. Bonding and an irrevocable offer
to dedicate all public interior streets shallbe required
on a tract..by-tract basis,42, Standard underground
serviced marbelite street lights shall be installed by developer
as approved by Department of Public Works and system dedicated to
the City of Orange. Low level lighting will
be permitted only on private streets,43, Direct access to Serrano Avenue
and to Nohl Ranch Road from the development shall be
limited to only those roadways shown on the circulation system of the
specific plan (Exhibit 28 of the Specific Plan), or as
approved by the City Traffic Engineer.44. The phasing plan for the
Project will permit the construction of Serrano Avenue in
segments requiring the completion of Serrano Avenue no later than the issuance
of the 1,000th Certificate of Occupancy or JunE) 30, 2004, whichever
occurs first as
set forth in the Development Agreement.45. That concurrent with recordation
of the final tract map within each residential area, the land
for the public street system shall be dedicated
to the City for public use,46. Adequate intersection sight distance
shall be provided per City
of
47. Minimum required clearance for the handicapped shall be
provided on all public street sidewalks in proximity to walls, fire
hydrants, street lights, street trees, guard rail and other street
furniture,
48. All Hillside Collector "B" streets, as indicated on Exhibit 28 of the
Specific Plan, shall be provided with a minimum of 8 feet of
additional widening at their approaches to Serrano Avenue to
facilitate right turn lanes, The minimum length of pocket shall
be 100 feet measured from the B.C. of the intersection curb
return and shall have a 60 foot transition to the normal street
cross-
section,49, Relative to the construction of Serrano
Avenue:a) Serrano Avenue may be constructed in phases
in conjunction with the development of the East Phase
Project and the West Phase Project as defined in the Restated
and Amended Development Agreement, In either case,
the Property Owner may construct that portion of
Serrano Avenue associated with the related project phase (i.
e"construction of the West Side Segment and SCE 1 (
A)Segment in conjunction with the development of the
West Side Project), However, in either event, the
Property Owner must complete and connect Serrano Avenue no
later than the issuance of the 1,000th Certificate of Occupancy
or June 30, 2004, whichever occurs
first.b) Notwithstanding the foregoing, as a result of a
Settlement Agreement entered into with neighboring
developments,both the City and the Property Owner have agreed
that only one lane in each direction of Serrano Avenue will
be open (even though the ultimate street section
is constructed) until the earlier to occur of either
the extension of Jamboree Avenue northerly to the City
of Anaheim or the completion of the Eastern
Transportation
Corridor.c) Property Owner has agreed to comprehensive terms
and provisions relating to the bonding requirements for
Serrano Avenue, The Property Owner agrees to post a
completion
50,
i5l.
52.
53,
surety for that portion of Serrano Avenue relating to the
Phase under construction prior to the commencement of
grading for the Project, The City has agreed to acquire,
upon completion, as outlined in the Development
Agreement, those segments of Serrano Avenue which have
been constructed by Property Owner, Property Owner has
also agreed to post a completion surety for the remaining
segments of Serrano Avenue prior to the issuance of the
twentieth (20) building permit of the first Phase.
Developer shall design and construct a traffic signal at the
intersection of Lorna Street and Serrano Avenue to the
satisfaction of the City Traffic Engineer, Said signal shall be
completed prior to the issuance of the first Certificate of
Occupancy for the project and the opening of Serrano Avenue to
Nohl Ranch Road,
All driveway landings from public streets to any residential unit
shall be a minimum of 20 feet from garage to property line, unless
a Conditional Use Permit is approved to allow shorter driveways.
The local street lane configuration and alignment at all four leg
intersections on Serrano Avenue shall be submitted for review
and approval by the City Traffic Engineer prior to construction,
All tract entry roadways shall be provided with two approach
lanes to Serrano Avenue and to Nohl Ranch Road, and shall have
a minimum curb to curb width of 40 feet. Said improvements
shall be reviewed, approved and installed to the satisfaction of
the City Traffic Engineer,
GRADING
54. That the Owner/Developer shall implement regular ground
watering and other forms of construction dust control in
accordance with City standards. Developer shall submit a plan
for dust control, to be reviewed and approved by the City,
including identification of the location and timing for sources of
water, prior to issuance of grading permits.
9
55, That a certified paleontologist shall be retained during grading
operations to provide a monitoring program for bedrock grading
activities. If fossils are encountered during monitoring, salvage
operations shall be initiated and coordinated with the Developer
and grading contractor as determined appropriate by the
consulting paleontologist. Should grading of the site expose
subsurface archaeological remains, development shall cease until
a qualified archaeologist has been contacted and appropriate
mitigation measures are undertaken,
56. Each phase of development shall require issuance of grading
permits, All grading permits shall comply with the City of
Orange Manual of Grading and City of Orange Guidelines for
Landform Grading and Planting, and shall be subject to review
and approval of the City Engineer.
57. Concurrent with the submittal of a master tentative tract map, or
with each builder tentative tract map if a master tentative is not
provided, Developer shall submit a preliminary geotechnical
engineering report and soils engineering investigation, including
recommendations for a safe and stable development.
58. Prior to approval of a final master tract map, and of each
subsequent final tract map, the Property Owner/Developer shall
submit a final grading plan prepared by a civil engineer based on
recommendations of a soils engineer and an engineering geologist
subsequent to completion of detailed soils and geologic
investigations for each subdivision map area, Site specified
geotechnical studies shall provide specific recommendations for
mitigation of landslides, slope stabilizations, liquefaction, soils
engineering, and appropriate drains and sub drains in each area,
Geotechnical studies shall also investigate and address adjacent
properties, outside oftract boundaries. which may be impacted by
project grading and/or blasting,
59. That any grading or development of the site shall conform to the
general recommendations of the geotechnical consultant, the
approved grading permit, and the City of Orange Manual of
Grading and Guidelines for Landform Grading and Planting, All
excavations shall be observed by the geotechnical engineer during
10
grading and any necessary modifications made In the event
unanticipated geologic conditions are revealed,
60. That prior to the issuance of building permits, the stability of the
project site shall be certified by the engineering geologist and
soils engineer,
61. Grading plans shall include an erosion, siltation, and dust control
plan to be approved by the City Engineer, The plan shall include
provisions for measures such as planting of vegetation on exposed
slopes, temporary sedimentation basins and sandbagging, if
necessary, and a watering and compaction program, The plan
shall ensure that discharge of surface runoff from the project
during construction activities shall not result in increased erosion
or siltation downstream.
2, That erosion control measures shall be incorporated into the final
grading plans for the project to minimize potential increases in
short-term erosion and sediment transport both on-
site and downstream. Such measures will be provided in
accordance with City requirements, including the use of
temporary control devices, e,g" sediment traps, de silting basins,
berms and
perimeter sandbagging.63. That prior to the issuance of any grading permits,
the Developer shall establish a 24.hour emergency hot line
to facilitate immediate response to problems that may occur due to
grading at any time, including night time, weE~kends
and holidays.64. Upon its adoption, Developer shall be required to comply
with the City's Blasting Ordinance, Furthermore, Developer
shall contact and coordinate with Orange Unified School District prior
to any blasting or grading activities which may impact
the existing school located on Serrano Avenue adjacent to the
project site.Likewise, the Developer shall coordinate with
other agencies which may be affected by
blasting activities.LANDSCAPING
AND IRRIGATION 65. That in conjunction with the submittal of each
precise grading plan, the Property OwnerlDeveloper shall
provide
plans specifying an Irrigation Management Program for the on-
site landscaped areas, said plans are to be reviewed and approved
by the Community Development Department, The system shall
ensure that irrigation rates do not exceed the infiltration of the
local soils and that the application of fertilizers and pesticides
does not exceed appropriate levels and frequencies, The
Irrigation Management Program shall specify methods for
monitoring the irrigation system, and shall be designed by a
irrigation engineer.
66. That prior to approval of each precise grading plan, the Property
Owner/Developer shall submit to the Community Development
Department for review and approval, a landscape and irrigation
plan prepared by a licensed landscape architect to integrate and
phase the installation of landscaping with the proposed grading
and construction schedule,
67, Prior to occupancy of any structure, the licensed landscape
architect shall certify to thE) City of Orange Community
Development Department that the landscaping has beEm installed
for that individual tract area in accordance with the prepared
plan. The plan shall include heavy emphasis on drought
resistant and fire retardant vegetation and be in conformance
with City requirements and standards,
68, Prior to the approval of the first final tract map, the
Owner/Developer shall make provisions, acceptable to the City of
Orange, for landscaping and maintenance of manufactured slopes
within the entire Specific Plan boundaries.
69, An Edge Treatment Plan shall be submitted by the Developer to
the Manager, EMA-Harbors, Beaches and Parks
Program Planning Division, for review of those areas of the
project abutting County Open Space, Developer shall provide a copy
of this plan to accompany Design Review Board submittal,
along with a written statement verifying submittal to and review
by County
EMA,70, The maintenance of the parkway areas shall be the
responsibility of the Developer/
Owner,
PARK
71. Within the park site, all fill soil from the finish surface to 18" in
depth shall be Class "A" top soil per the Standard Specifications,
Soil from 18" to 36" in depth shall be Class "B". All other fill shall
be approved by the City Engineer, The top 24" shall be
compacted to 85%, the remainder in accordance with the soil
report, All soil shall be suitable for agricultural use, as verified
and tested by an approved laboratory,
72, That all utilities to the park site be provided by the
Owner/Developer in conjunction with any required street, sewer
or other infrastructure improvements within the subdivision
improvements. Maintenance of the 4 acre public park will be
provided by the City,
73, The park site shall be free from any easements or development
restrictions other than those in the street frontage right-
of-
way.TRAILS 74, That prior to approval of a master tentative tract map,
or mass grading plan if a master tentative is not provided,
the Property Owner/Developer shall submit a plan showing
the general alignment and locations of the equestrian and hiking
trail system within the Serrano Heights development to
the Community Services Department for review and approval. This
plan shall include a schedule
of construction,75, That development of the on-site riding and
hiking trail system including planning, design and grading and
all necessary trail improvements shall be the financial
responsibility of the Owner/Developer, Trail improvements, as set
forth in the Specific Plan, shall be installed according to
plans approved by the
Community Services Department,76, That the on-site trail system shall be
maintained by a special maintenance district or
other financial mechanism (including Orange Park Acres) acceptable to and approved
by the City prior to the issuance of the first
Certificate of Occupancy for development, The special maintenance
district
mechanism shall be established at the expanse of the
Owner/Developer.
77. The undercrossing of Serrano Avenue shall be at least 16 feet
wide and have at least 12 feet of vertical clearance over a 10 foot
portion of the trail width, or as approved by the Director of
Community Development. All trails shall consist of a 10' wide
surface, graded to fire break standards, and shall be within a 10' -20'
wide easement,78.
All exhibits shall identifY the trails by name for identification on the
County's riding and hiking trails.79.
The county trails shall be constructed in a manner that meets the County'
s approval. Recreation easements shall be irrevocably offered
for dedication to the County over all County trails, The County
shall be consulted prior to detailed trails planning and construction.
NOISE
80,
That construction activities shall be limited to normal daytime hours
in accordance with the City of Orange Noise Ordinance.Construction
equipment shall be equipped with effective muffling devices
to further reduce the project's short-term construction
noise effects.
81. That concurrent with the submittal of tentative maps for those
tracts within 100 feet of the center line of Serrano Avenue, an
acoustical report shall be submitted to the Community
Development Department indicating compliance with the City's
interior and exterior residential noise standards.
ENERGY
82.That all building construction shall comply with the
Energy Commission
standards outlined
Administrative Code.
conservation
under Title
requirements
24 of the
California
and the
California
14
8:3. That subdivision, architectural and landscaping design plans for
the project shall promote, to the extent possible, opportunities for
maximizing solar exposure, shading and natural cooling
prevailing breezes), and solar hot water heating, whether
directly with system installation or indirectly with provisions or
accommodating future retrofitting..
ELECTRICAL
84, That the Developer shall coordinate the construction and
installation of electrical system improvements with the Southern
California Edison Company.
85, That the electrical system and related improvements shall be
installed as development occurs.
CATV
8El, That the Owner/Developer shall coordinate cable facilities with
the cable company which provides the cable television network
system in the City.
PHONE
87. That the Developer shall coordinate with Pacific Bell Telephone
Company to ensure timely construction and placement of
necessary telephone facilities.
FEES
88. That prior to the issuance of each building permit, the Property
Owner/Developer shall pay to the City a Police Facility Fee. Said
fees shall be paid in accordance with the City's Police Facilities
Fee Program as set forth in the Serrano Heights Development
Agreement.
89. That prior to the issuance of each building permit, the Property
Owner/Developer shall pay to the City a Fire Protection Facilities
Fee per dwelling unit. Said fees, which will assist in funding the
construction of future Fire Station No.8, will be established and
15
adjusted annually in accordance with the E.N.R. Adjustment as
set forth in the Serrano Heights Development Agreement,
90. That prior to the issuance of each building permit, the Property
Owner/Developer shall pay to the City a Library Facilities Fee to
assist in the provision of the Northeast Orange Library Branch
that will serve the project vicinity, Said fee shall be paid in
accordance with the City's Capital Facilities Fee Program as set
forth in the Serrano Heights Development Agreement,
91. The Developer shall participate in funding of school facilities
through either the existing school facility fee program or
execution of some other agreement, This agreement shall be
complied with prior to issuance of building permits,
92, Concurrent with each building permit issued for the project, the
Property Owner shall pay the City a per dwelling unit fee to
assist in providing area wide traffic circulation and off-site
traffic signals in accordance with the City's Transportation
System Improvement Program as set forth in the Serrano
Heights Development Agreement. Said fee shall be adjusted annually
to reflect changes in construction
costs,93, That the developer shall pay the Bridge Thoroughfare Fee for
the Eastern Transportation
Corridor,
FIRE 94, That the emergency access and evacuation points as well
as emergency apparatus turnarounds will be incorporated into
the project design as required by the City of Orange Fire
Department,95, That pnor to the Issuance of building permits,
the Owner/Developer shall submit detailed design plans
for accessibility of emergency fire equipment, fire hydrant
location and other construction features to the Fire Marshall for
review and approval. With the exception of model home sites, that
prior to the placement of combustible materials for structural
framing on the building site, the width and radius of the driving
surface must meet the requirements of the Uniform Fire Code as
adopted by the City of
Orange.
96. That the master water facilities and local mains for Serrano
Heights shall be sized to provide sufficient fire flow pressure in
accordance with City of Orange Water and Fire Department
requirements as identified in the Specific Plan.
97, That prior to commencement of structural framing on each parcel
or lot, accessible fire hydrants shall be installed and charged
within one hundred fifty (150) feet of all portions of the exterior
walls of the first floor of each building in conformance with City
standards; or an alternate water source shall be provided as
approved by the City of Orange Fire Department, Specific
information on the design and implementation of the required
hydrant system network for the Serrano Heights development
may be obtained from the Fire Department,
98. hat buildings shall be constructed in conformance with the fire
safety provisions of the Uniform Building Code which includes
the use of fire resistant roofing and construction materials as
required by the City of Orange. Such further requirements
include, but are not to limited to: chimney spark arrestors,
protected attic and under floor openings, Class "A" roofing
material and one hour fire resistive construction of horizontal
surfaces when located within two hundred (200) feet of adjacent
brush land,
99. That all lockable pedestrian and vehicular access gates shall be
equipped with a "knox box" device to the satisfaction of the Chief
of Police and the City Fire Marshal.
100, That fuel breaks shall be provided as determined to be necessary
by the Chief of the Fire Department, and that the fuel
modification program shall be implemented as approved by the
City.
101. That native slopes adjacent to newly constructed residences shall
be landscaped with a low fuel combustible seed mix, except as
may be set forth by the Specific Plan. Such slopes shall be
sprinkled and weeded as required by the Specific Plan Fuel
Modification program.
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102, The Community Development Director (or his designee) may
approve the use of standards and housing products from one
development area for any other development area provided said
request is consistent with the goals, policies and densities of the
Specific Plan and General Plan, If the Director determines that
the request is not consistent, then he/she shall refer the request
to the Planning Commission for their consideration and
determination,
10:3. That Serrano Avenue not be designated as a truck route from
Loma Street to the City of Anaheim.
104. That, upon permission of the affected homeowners associations,
the Developer shall augment the existing tract boundary walls
located on the south side of Serrano Avenue between Loma
Street and the project site) to better attenuate traffic noise by
filling in" the wrought iron sections with a compatible masonry
material.
101), Prior to issuance of any permit or approval which would permit
the physical removal of any Coastal Sage Scrub (CSS) vegetative
resource from the Project site, including clearing, grubbing,
mowing, dishing, trenching, grading, fuel modification, or other
construction related activities, the Owner/Developer shall obtain
all required state and federal environmental approvals, including
a 404 and Section 10 (A) permit from the U. S, Fish and Wildlife
Service and a 160:3 permit from the California Department of
Fish and Game, a copy of which approval shall be submitted to
the City of Orange,
In the event the City of Orange becomes a participating
jurisdiction in the Natural Community Conservation Program
NCCP), the Owner/Developer may pursue options available
under the NCCP with the cooperation and assistance of the City
of Orange. Property Owner/Developer may also pursue any and
all remedies available under Federal Endangered Species Act or
such other state or federal laws with jurisdiction over this subject
matter. Property Owner/Developer shall comply with all
applicable state and federal endangered species laws and
regulations at all times prior to and during construction on the
Project site,
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