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4713ORDINANCE NO. 4713 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, the City Council did adopt its Resolution No. 79R-50, as amended by Resolutions No. 79R-607, 80R-481, 82R-313 and 83R-236 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made as hereinafter set forth after a duly noticed hearing; and WHEREAS, certain conditions and requirements were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying that certain property situated in the City of Anaheim, County of Orange, State of California, described as follows, to wit: PARCELS 1 TO 7 INCLUSIVE AND PARCELS 9 TO 18 INCLUSIVE, AS PER MAP FILED IN BOOK 202, PAGES 41 TO 44, INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, into the "CO(SC)" COMMERCIAL, OFFICE AND PROFESSIONAL (SCENIC CORRIDOR OVERLAY) ZONE, subject to the following conditions: 1.. That the number of dwelling units per acre proposed (in connection with tract maps, parcel maps, or other development plans) for each land use area in the Bauer Ranch Planned Community may be equal to but shall not exceed the average density as approved in the Bauer Ranch General Plan of Development unless such proposal to transfer dwelling units between or within land use areas is submitted to and approved by the Planning Commission with the consent of the City Council or by the City Council upon appeal from any Planning Commission action. Plans for any proposed transfer of dwelling units shall identify the land use areas affected and shall specify both the approved and the proposed dwelling unit counts in all affected land use areas. The total dwelling unit count in the Bauer Ranch Planned Community shall not exceed 945. -1- 77-78-64(7) 2. That an irrevocable offer of dedication for all public streets including scenic expressways and arterial highways shall be made to the City of Anaheim in accordance with the submitted Circulation Element of the Bauer Ranch General Plan of Development and with the adopted Circulation Element of the Anaheim General Plan; and that said dedication shall be accepted by the City prior to issuance of any building permits. 3. That dedication of vehicular access rights except at approved access points to Santa Ana Canyon Road and Weir Canyon Road shall be made to the City of Anaheim following the approval of final specific development plans for each parcel and prior to the issuance of any building permit or prior to recordation of any final tract map or parcel map, whichever occurs first. 4. That dedication of equestrian and hiking trails easements shall be made in accordance with the adopted Equestrian and Hiking Trails Element of the Anaheim General Plan following the approval of final specific development plans for each parcel and prior to the issuance of any building permit or prior to recordation of any final tract map or parcel map, whichever occurs first. Said trails shall be improved in accordance with plans and specifications on file in the Office of the City Engineer. S. That the owner(s) of subject property shall install all traffic signals necessitated by the Bauer Ranch Planned Community unless in -lieu payment of the traffic signal assessment fee (Ordinance No. 3896) is approved by the City Traffic Engineer. Construction of each traffic signal shall commence in conjunction with development of any adjacent, nearby or otherwise affected parcel and each signal shall be operative prior to final building and zoning inspections of any building. All traffic signals shall be installed in accordance with City of Anaheim specifications at locations specifically approved by the City Traffic Engineer. 6. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Executive Director of Public Works. 7. That prior to any water connections in the Bauer Ranch Planned Community, the developers of said planned community (Kaufman and Broad, Inc. or their successors, assigns or transferees) shall submit to the Utilities General Manager for his review and approval, a proposed plan for the acreage payment of water main extension fees. Said plan shall consider all land within the Bauer Ranch Planned Community including open space. 8. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 9. That all requirements of Fire Zone 4 (otherwise identified as Fire Administrative Order No. 76-01 on file in the office of the Fire Chief) shall be met. Such requirements include, but are not limited to, chimney spark arrestors, protected attic and IFM it_.... _ -...._ _,_.. __,. under floor openings, Class C or better roofing material and one hour fire resistive construction of horizontal surfaces located within 200 feet of adjacent brushland. 10. That fuel breaks shall be provided as determined to be required by the Fire Chief. 11. That no public or private street grades shall exceed ten percent (10%) except by prior approval of the Fire Department and the Engineering Division. 12. That in accordance with the policies of the Fire Department, native slopes (as discussed in Chapter 17.06 "Grading, Excavations and Fills in Hillside Areas" of the Anaheim Municipal Code) located adjacent to newly constructed homes shall be hydroseeded with a low fuel combustible seed mix. Such slopes shall be sprinklered and weeded as required to establish 100 feet separation of flammable vegetation from any structure. 13. That subject property shall be served by underground utilities. 14. The drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If in the preparation of the site, sufficient grading is required to necessitate a grading permit, work on grading will be permitted between October 15 and April 15 provided that adequate interim offsite drainage facilities are operational and satisfactory to the City Engineer. Bonds in an amount and form satisfactory to the City Engineer and City Attorney shall be posted to (a) guarantee completion of the required offsite drainage facilities prior to the issuance of any building permits and (b) guarantee the maintenance of the interim offsite drainage facility until such time as the ultimate drainage facilities are constructed and operational. Necessary rights of way for the offsite drainage facility shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor (the cost of which shall be borne by Developer) prior to issuance of building permits. 15. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees, as determined to be appropriate by the City Council, said fees to be paid at the time building permits are issued. 16. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 17. That prior to approval of a final tract map or to the issuance of building permits, covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's Office and the City Engineer; and that the approved covenants, conditions and restrictions shall be recorded. Said covenants, conditions and restrictions shall include provision for permanent maintenance of any common open space areas. -3- 18. That subject property shall be developed substantially in accordance with the Bauer Ranch General Plan of Development on file with the City of Anaheim and marked Revision No. 4 of Exhibit No. 1; provided, however, that the total dwelling unit count shall not exceed 945, although transfer of units between land use areas may be approved by the Planning Commission with the consent of the City Council, or by the City Council upon appeal from any Planning Commission motion, following submittal of precise plans for such transfer, as discussed in the preceding Condition No. 1. 19. That in conjunction with submittal of any grading plan, the developer shall indicate proposed access points to Santa Ana Canyon and Weir Canyon Roads and also the location and width of any required equestrian and hiking trails easements. The access points shall be approved by the City Traffic Engineer and the equestrian and hiking trails easements shall be approved by the Public Works and Planning Departments. Dedication of vehicular access rights except at approved access points and dedication of approved trails easements shall be made prior to issuance of a building permit or recordation of a final tract or parcel map, whichever occurs first. 20. Notwithstanding any of the foregoing conditions, no grading of the residential portion of any parcels other than for the purpose of providing offsite utility services, public rights of way, and drainage facilities shall take place prior to a tentative map approval covering the area being graded. 21. That Condition Nos. 2, 3, 4, 14, 17 and 19, above mentioned, shall be complied with prior to the time a building permit is issued or prior to the recordation of any final tract or parcel map, whichever occurs first. 22. That Condition Nos. 5, 6, 9, 10, 12, 13, 16 and 18, above mentioned, shall be complied with prior to final building and zoning inspections. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the property above-described shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -4- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 20th day May, 1986. of -,dr-wxl; .4 MAY -OR OF THE CITY-qT ANAHEIR ATTEST: 11-� �? S:�/� CITY4��eq_ C ERK OF THE CITY OF ANAHEIM JWF:fm 5177M 050986 -5- 7 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 Ordinance No. 4713 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of May, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 20th day of May, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4713 on the 20th day of May, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1986. 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 Ordinance No. 4713 and was published once in the Anaheim Bulletin on the 30th day of May, 1986. CITY CLERK