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5534ORDINANCE NO. 5534 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.70 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SPECIFIC PLAN NO. 87-1 WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim has heretofore approved Specific Plan No. 87- 1 and the Zoning and Development Standards Relating to Specific Plan 87-1; and WHEREAS, the City Council has heretofore adopted Chapter 18.70 of the Anaheim Municipal Code establishing Zoning and Development Standards for the SP87-1 Zone which Chapter has heretofore been amended from time to time; and WHEREAS, Development Area 8 of the Highlands at Anaheim Hills Specific Plan consists of approximately 2.8 acres located at the northwest corner of Sunset Ridge Road and Serrano Avenue and is currently designated for development as General Commercial on Exhibits 5, 14, and 23 of the Specific Plan document; and WHEREAS, the petitioner proposes to redesignate Development Area 8 from General Commercial to Hillside Medium residential land uses to allow development of up to thirty two condominium dwelling units, thereby increasing the total number of permitted dwelling units within the Specific Plan area from 2,147 to 2,168 units, to amend Exhibits 5, 14 and 23 accordingly, and to delete Exhibit 36 "Illustrative Product and Site Design"; and WHEREAS, the petitioner also proposes to amend Subsection .080 "Development Area 8 (of SP 87-1)" of Section 18.70.060 "Development Standards" of the Anaheim Municipal Code, to establish standards similar to those for the RM -3000 (SC) (Residential, Multiple -Family, Scenic Corridor Overlay) Zone with certain exceptions. All development standards of the 11RM- 3000(SC)" Zone (Chapter 18.31) shall apply to Development Area 8 except as proposed below: DEVELOP.MENTr!STANDARD AMENDED DEV ELOPMENTAREA 8 Required Lot All lots shall front on a public or Frontage private accessway. (the same as existing Development Area 6) Minimum Lot Width Lots utilized as private accessways shall have a minimum width of 42 feet; All other lots shall have a minimum width of 70 feet. (the same as existing Development Area 6) Minimum building 50 feet; provided, however, in setback from connection with the consideration arterial highways of the Final Site Plan, Planning (Serrano Avenue) Commission may approve a building encroachment into the minimum setback provided that (i) no structure shall be located closer than 30 feet to the right-of-way and (ii) the length of the encroachment area shall be no greater than 15% of the Development Area 8 frontage along Serrano Avenue. Required Site Unless otherwise provided herein, a Screening maximum 6-foot high solid decorative-type masonry wall may be constructed a minimum of 5 feet from Serrano Avenue and Sunset Ridge Road; Walls shall be planted with either clinging vines or fast- growing shrubbery to screen the wall surface so as to eliminate graffiti opportunities; The location of the wall at the corner of Serrano Avenue and Sunset Ridge Road shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight requirements; Provisions for a decorative-type wall shall be made to allow and preserve view opportunities when possible. W WHEREAS, the City Council has heretofore adopted its Resolution No. 95R-191 approving amendments to Specific Plan No. 87-1 and making certain findings in conjunction therewith pursuant to Chapter 18.93 of the Anaheim Municipal Code; and WHEREAS, the City Council desires to amend Chapter 18.71 of the Anaheim Municipal Code relating to Specific Plan No. 87-1 in the manner hereinafter set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Specific Plan No. 87-1 be, and the same is hereby, amended by those certain amendments consisting of revised Exhibit 5 "Land Use Plan", Exhibit 14 "Development Plan" and Exhibit 23 "Community Monumentation Concept", changing the land use designation for Development Area 8 from General Commercial to Hillside Medium, revising the Development Standards for Development Area 8, as set forth herein, and deleting Exhibit 36 "Illustrative Product and Site Design" upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: 1. That completion of the proposed amendments to Specific Plan No. 87-1 is contingent upon approval and adoption of General Plan Amendment No. 339 by the Anaheim City Council. 2. That within thirty (30) days following the adoption of The Highlands at Anaheim Hills Specific Plan Amendment, that the property owner/developer shall submit revised Exhibits 5, 14 and 23 for the Specific Plan document incorporating the adopted changes. 3. That the maximum permitted number of dwelling units within The Highlands at Anaheim Hills Specific Plan area shall not exceed two thousand one hundred sixty eight (2,168). 4. That the water back-flow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in either underground vaults or in a manner fully screened from all public streets and alleys. 5. That prior to final tract map approval or issuance of the first building permit, whichever occurs first, the property owner/developer shall pay appropriate park and recreation in -lieu fees for twenty one (21) residential units in Development Area 8 to the City of Anaheim in an amount as 3 Y established by City Council Resolution (the in -lieu fee requirements for the remaining eleven [11] units are set forth in previous conditions of approval adopted in connection with the original approval of two thousand one hundred forty seven [2,147] units in the Specific Plan area). 6. That if any structural encroachment is proposed into the minimum fifty (50) foot wide setback from Serrano Avenue, the plans submitted for Final Site Plan review and consideration by the Planning Commission shall show a minimum forty (40) foot structural setback from Sunset Ridge Road 7. That in connection with the submittal of Final Site Plans for Planning Commission review and consideration, the property owner/developer shall submit a view study, prepared - to the satisfaction of the Zoning Division of the Planning Department, showing whether there are any scenic view opportunities from Serrano Avenue and Sunset Ridge Road that could be preserved by the use of an open decorative type wall instead of a solid masonry wall. If the study shows that a scenic view opportunity exists, the open decorative type walls (including the location and design) shall be identified on the Final Site Plan. 8. That prior to final tract map approval or issuance of the first building permit, whichever occurs first, the property owner/developer shall pay Branch Library Fees for thirty two (32) residential units in Development Area 8 to the City of Anaheim in an amount as established by City Council Resolution. 9. That prior to the issuance of a building permit, the property owner/developer shall submit Final Site Plans to the Planning Commission for review and approval at a noticed public hearing. Said Final Site Plan shall include, but not be limited to, typical floor plans, detailed elevation drawings with exterior building materials, roofing materials, and accent/trim information per each elevation style. 10. That the property owner/developer shall be responsible for complying with all applicable conditions of Ordinance No. 4861 pertaining to development within The Highlands at Anaheim Hills Specific Plan. 11. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any actions or findings as to compliance or 4 approval of the request regarding any other applicable ordinance, regulation or requirement. SECTION 2. That the Anaheim City Council does hereby find and determine that adoption of this Ordinance is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then any approvals herein contained, shall be deemed null and void. SECTION 3. Except as expressly amended herein, Specific Plan No. 87-1, as heretofore adopted, shall remain in full force and effect. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 28th day of November, 1995. MAYOR OF THE CITY OF AVIHEIM ATTEST: CITY CLERK OF THE CITY OF ANA IM 14909.1\MSLAUGHT\November 28, 1995 5 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. 5534 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of November, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 28th day of November, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL: None —1 ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5534 on the 28th day of November, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of November, 1995. 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 Ordinance No. 5534 and was published once in the North Orange County News on the 7th day of December, 1995 CITY CLERK OF THE CITY OF ANAHEIM