RES-1989-305RESOLUTION NO. 89R-305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE CONDITIONS OF APPROVAL OF
SPECIFIC PLAN NO. 87-1 FOR THE HIGHLANDS AT
ANAHEIM HILLS AND AMENDING RESOLUTION NO. 87R-253
ACCORDINGLY
WHEREAS, pursuant to the procedures set forth in Chapter
18.95 of the Anaheim Municipal Code, the City Council has
heretofore adopted Resolution No. 87R-253 adopting Specific Plan
No. 87-1 for certain real property described therein and referred
to as The Highlands at Anaheim Hills; and
WHEREAS, Specific Plan No. 87-1 and Resolution No.
87R-253 have been subsequently amended from time to time; and
WHEREAS, the City of Anaheim has received an application
to amend Condition No. 52 of Specific Plan No. 87-1 as set forth
in Resolution No. 87R-253, as amended; and
WHEREAS, the City Council did hold a public hearing upon
said application, notice of which hearing was given in the manner
required by law; and
WHEREAS, the City Council, after due consideration of all
evidence, testimony and reports offered at said public hearing
does hereby find with respect to said proposed amendment that:
1. The property covered by the specific plan has unique site
characteristics including topography, location and surroundings
which will be enhanced by the special land use and developments
standards of the specific plan;
2. The plan is consistent with the goals and policies of the
General Plan and with the purposes, standards and land use
guidelines therein;
3. The specific plan will result in development of a
desirable character which will be compatible with existing and
proposed development in the surrounding area;
·
and
The specific plan contributes to a balance of land uses;
5. The specific plan respects environmental and aesthetic
resources consistent of economic realities.
'NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that Condition No. 52 of Specific Plan No. 87-1 as
set forth in Resolution No. 87R-253, as amended, be, and the same
is hereby, amended to read as follows:
"52 That if landscape maintenance is to be financed through a
Homeowner's Association, which association has been found
to be acceptable to the City of Anaheim, the owner of
subject property shall execute and record a covenant
obligating the Homeowners Association to (1) maintain the
landscaped portion of parkways of any arterial street
parkways adjacent to Association maintained slopes and/or
common areas, and all median islands installed in
conjunction with said subdivision; (2) indemnify and hold
the City of Anaheim harmless for damages resulting
therefrom; and (3) maintain liability insurance in the
minimum amount of $500,000 per occurrence for said
parkways and median islands, naming the City as
additional insured. The form of said covenant shall be
approved by the City Attorney's Office and shall be
recorded prior to (i) the sale of the first residential
lot, (ii) the issuance of the first temporary or final
Certificate of Occupancy for any residential units, or
(iii) actual occupancy of any residential units by any
person, whichever occurs first. The developer of each
tract or parcel shall improve and maintain the
hereinabove described parkways and median islands,
including providing the above specified insurance, until
such time as the Homeowners Association becomes legally
obligated therefore as hereinabove provided. The
developer shall post a bond in an amount and form
satisfactory to the City of Anaheim to guarantee
performance of the 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 (i) the sale of the first residential
lot, (ii) the issuance of the first temporary or final
Certificate of Occupancy for any residential unit, or
(iii) actual occupancy of any residential units by any
person, whichever occurs first."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. 87R-253, as heretofore amended, and
Specific Plan No. 87-1 shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18thday of July, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
2952L
022789 -2-
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-305 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of July, 1989, by the following vote of the members thereof:
AYES'
COUNCIL MEMBERS' Daly, Kaywood and Hunter
NOES'
COUNCIL MEMBERS' None
ABSENT' COUNCIL MEMBERS' Ehrle and Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-305 on the 19th day of July, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 19th day of July, 1989.
CITY CLERK OF ~HE 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. 89R-305 duly passed and
adopted by the Anaheim City Council on July 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM