Loading...
1979-607RESOLUTION NO. 79R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE CONDITIONS OF APPROVAL AS SET FORTH IN RESOLUTION NO. 79R -50 RELATING TO ZONING RECLASSIFICATION PROCEEDINGS NO. 77 -78 -64 WHEREAS, the City Council of the City of Anaheim adopted Resolution No. 79R -50 on January 23, 1979, in Zoning Reclassification Proceedings No. 77- 78 -64, finding and deter- mining that Title 18 of the Anaheim Municipal Code relating to zoning boundaries should be amended and that the bound- aries of certain zones should be changed, subject to certain conditions of approval contained therein; and WHEREAS, the Planning Commission of the City of Anaheim has heretofore determined that the public necessity, convenience and general welfare require the amendment of the conditions of approval of said Resolution No. 79R -50, and has recommended such amendment to the City Council; and WHEREAS, the City Council has heretofore held a duly noticed public hearing to consider said amendment of conditions and did give all persons interested therein an opportunity to be heard and did receive reports and evidence, and did consider the same; and WHEREAS, the City Council does find and determine that the public necessity, convenience and general welfare require that the conditions of approval of said Resolution No. 79R -50 be amended in the manner hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval as set forth in Resolution No. 79R -50 relating to Zoning Reclass- ification Proceedings No. 77 -78 -64 be, and the same are hereby, amended in their entirety to read as follows: "1. That these reclassification proceedings are granted subject to the completion of annexation of subject property to the City of Anaheim. 2. a. That ordinances reclassifying any RESIDENTIAL portion of the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; provided, however, that the word "parcel" shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. -1- 77 -6 b. That ordinances reclassifying any COMMERCIAL or OPEN SPACE portion of the property shall be adopted as each parcel is ready to comply with conditions pertaining to such parcel; provided, however, that the word "parcel" shall mean either (1) presently existing parcels of record, or (2) unrecorded parcels for which both a legal description and a map of said portion have been prepared by or under the direction of a regis- tered civil engineer or licensed land surveyor, said legal description and map having been furnished to the City by the property owner(s). 3. That the number of dwelling units per acre proposed (in connection with tract maps, parcel maps, or other develop- ment 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. 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 810. 4. a. That prior to the introduction of an ordinance to establish zoning on each RESIDENTIAL parcel or parcels within the Planned Community, and in accordance with the provisions of the "PC" Planned Community Zone, there shall be submitted to the City Planning Commission for review and approval final specific plans of development for the area(s) involved. b. That prior to the issuance of a grading permit on each COMMERCIAL parcel or parcels within the Planned Community, and in accordance with the provisions of the "PC" Planned Community Zone, there shall be submitted to the City Planning Commission for review and approval final specific plans of development for the area(s) involved. Final specific plans for the purpose of this reclassification shall include, but not necessarily be limited to, the following: 1. Topographic map 2. Site plans and elevations: showing the place- ment of the buildings and structures; the front, side and rear elevations; and the exterior building materials, including roofing. 3. Lot dimensions and pad size of all lots sufficient to indicate the relationship of the proposal to the nature and extent of the cut- and-fill or earthwork involved. 4. Landscaping plans: indicating the extent and type of proposed landscaping and including any existing vegetation. 5. Vehicle circulation and parking plan: indicat- ing the nature and extent of public and private streets, public alleys, or public accessways for vehicular circulation, off street parking and vehicle storage; and including all proposed access points to Santa Ana Canyon Road both existing and planned within the entire Bauer Ranch Planned Community. 6. Equestrian and hiking trails plan: showing the placement and improvements of the trail's easement. 7. Fence and /or wall plans: indicating the type of fencing along any lot line of a site abutting a street, river, creek, open storm drain, lake, railroad, or other works. 8. Signing plans: indicating the proposed signing program and including, but not limited to, any identification, business or other signs; and specifying the size, height, location, color, material and lighting of such signs. c. Notwithstanding the preceding Condition Nos. 4a and 4b, the developer shall comply with the provisions of Municipal Code Section 18.85.060. 5. 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 dedica- tion shall be accepted by the City prior to issuance of any building permits. 6. 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 grading permit or building permit, or prior to recordation of any final tract map or parcel map, whichever occurs first. 7. 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 fol- lowing the approval of final specific development plans for each parcel and prior to the issuance of any grading permit or building permit, or prior to recordation of any final tract map or parcel map, whichever occurs first. Said -3- trails shall be improved in accordance with plans and speci- fications on file in the office of the City Engineer. 8. 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. 9. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Execu- tive Director of Public Works. 10. That prior to any water connections in the Bauer Ranch Planned Community, the developers of said planned commun- ity (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. 11. 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. 12. 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 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. 13. That fuel breaks shall be provided as determined to be required by the Fire Chief. 14. That no public or private street grades shall exceed 10% except by prior approval of the Fire Department and the Engineering Division. 15. 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. -4- 16. That subject property shall be served by underground utilities. 17. That 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, no work on grading will be permitted between October 15th and April 15th unless all required off -site drainage facilities have been in- stalled and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right -of -way for off -site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condem- nation proceedings therefor (the costs of which shall be borne by the developer) prior to commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters origi- nating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building inspections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. 18. 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. 19. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 20. 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. 21. That prior to the introduction of the first ordinance to establish zoning on any parcel(s) excepting commercial parcels within the Bauer Ranch Planned Community, a specific public facilities plan, including such implemen- tation programs as may be approved by the City Council, shall be provided by the developer(s) of the entire Planned Community (Kaufman and Broad, Inc. or their suc- cessors, assigns, or transferees). The specific plan shall include, but not be limited to, a discussion and evaluation of the following: -5- a. Identification of all the public facilities proposed for the area including, but not limited to, public streets, landscaped medians and parkways; public parks and open spaces; police and fire facilities; libraries; equestrian and hiking trails; bicycle lanes, electric utilities such as substations, trans- mission lines, and street lighting; and water utili- ties such as transmission mains and reservoirs. b. Ultimate development capacities of the public facili- ties for the area. c. Land proposed to be reserved for public facility purposes. d. Cost to the City of Anaheim for all public facilities. e. Alignment, phasing and bonding for all right -of -way for all scenic expressways and arterial highways including equestrian and hiking trails and bicycle lanes; storm drains; utility easements and other public facilities. f. Specific means of financing the installation, con- struction, and maintenance of all public facilities; such means may include, but are not limited to, reimbursement districts, assessment districts, in -lieu fees, establishment of a master homeowners associa- tion, etc.; provided that the specific means for each public facility shall be approved by the City of Anaheim. 22. That subject property shall be developed substantially in accordance with the Bauer Ranch General Plan of Develop- ment on file with the City of Anaheim and marked Revision No. 2 of Exhibit No. 1; provided, however, that the total dwelling unit count shall not exceed 810, although transfer of units between land use areas may be approved by the Planning Commission following submittal of precise plans for such transfer, as discussed in the preceding Condition No. 3. 23. No ordinance reclassifying any portion of the property designated on the Zoning Element of the Bauer Ranch Gener- al Plan of Development (Revision No. 2) as Areas 1B, 3D and the portion of Area 81 lying between Areas 1B and 3D shall be introduced until such time as a feasibility study for commercial development has been completed by the City Planning Department and the amount and extent of any addi- tional site for commercial development within said areas has been determined and approved by the City Council. In the event any portion of said commercial site falls within the above specified area or areas, the developer shall submit an amendment to the General Plan of Development and any other applications necessary to reclassify the -6- designated site for commercial development consistent with the approved feasibility study. 24. Prior to the introduction of an ordinance rezoning any portion of subject property, Condition Nos. 1, 2, 4a, 4c, 21 and 23, above mentioned, shall be completed. 25. Prior to the issuance of a grading permit on any specific parcel or parcels within the Planned Community, Condition Nos. 4b, 5, 6 and 7, above mentioned, shall be completed. 26. That Condition Nos. 6, 7, 18 and 20, above mentioned, shall be complied with prior to the time a building permit is issued or prior to recordation of a final tract map, whichever occurs first, or such further time as the Plan- ning Commission may grant. 27. That Condition Nos. 8, 9, 12, 13, 15, 16, 17, 19 and 22, above mentioned, shall be complied with prior to final building and zoning inspections." BE IT FURTHER RESOLVED that except as herein expressly amended, Resolution No. 79R -50 shall remain in full force and effect. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby, authorized and directed to prepare and submit to the City Council an ordinance amending Title 18, of the Anaheim Municipal Code to accomplish the objects herein found and determined to be necessary and proper. THE FOREGOING RESOLUTIUON is approved and adopted by the City Council of the City of Anaheim this 16th day of October, 1979. ATTEST: F T E CITY CITY LERK 0 OF ANAHEIM JLW j h -7- STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 79R -607 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 16th day of October, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour ABSENT: COUNCIL MEMBERS: None NOES: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -607 on the 16th day of October, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of October, 1979. (SEAL) CITY C RK OF THE C OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -607 duly passed and adopted by the Anaheim City Council on October 16, 1979. ob94 CITY CLERK