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PC 78-274RESOLUT10~1 Nb. PC78-274 A RF.SOLUTION OF TFIE ANAHEIM CITY PLANHING CO!1MISSION THAT PETITION fOR RECLASSIFICATIOk N0. 77-78-64 bE GRANTED. W~IEREAS, the Anaheim Clty Planntng Commtsslon did receive a verifled petition for Reclassification from MABEL J. BAUER AND UNITED CALIFORNIA BANK, 707 WitshTre Boulevard, Los A~geles, California 97051. owners, and KE-1T LAND COMPANY, 17881 Sky Park North, Irvine, California 92714, agent, of ceriain real property situated in [he Clty of Anaheim, County of Orange, Sta[e of Californfa, described as follows: PARCEL 1: Thosc portio~s of Lots 1, 2 and 6 of Trac[ No. 865, as per map recorded fn Book 28, Page 13 of Miscellaneous Maps, records of Orange County, California, and a portion of the land allotted to Manuel Fe11z and wife, as described in the Fina) Decree of Partition of the Rancho Santiago de Santa Ana. which was entered September 12, 1868 tn Book "6". Pagr. 410 of Judgements of District Court of the i7th Judicfal District In artd for Los Angeles County, California, all in the County of Orange. State of California, described as foilows: Begfnning at the most sotherly corner of said Tract No. 865; thence, along the Southeasterly prolongation of the southwescerly line of said Tract South 2E° 29' 10" East 1029.34 feet; thence, Nor[h 89° 05' S5" West 357b.20 feet to che easterly iine of tha[ certaln parcei of land described in a dced to thc Southern California Edlson Company, recarded Aprtl &, 1971 in Book 9548, Page 893, of Official Records, records of said Orange County; thence, along sald easierly Iine North 1° 3~' 09" West 1302,17 feet te an angie polnt Lherein; thence~ continuing along sald easterly line Norih 23~ 17' 42" East 13°1.25 feet to the sou[herly 11ne of Parcei C- 2616-~ described tn the Final Order of Condemnation. Case No. 166019. a certified copy of which was recorded October iG, 1°70 in Eook 9431, Page 6i9, of Official Records, records of sald Orange County; thence, along safd southerly line North 79° 23' 43" East 171.36 feet to an angle point thereln; [hence. con[inuing along said southerly Iine the following bcarings and distances; North 77° 16' 13" East 738.7E feet; South S2° 3~' S2" Ea~c 279.SC feet; South 54° 3°' 26" East 376.95 feet; South 49~ 43' L1" Easc 361.57 feet to Che begi~ning of a non-tangent curve, concave northeasteriy and having a radius of 1030.00 feet, a radial line of said curve throuah satd poin[ bears South 40° 16' 19" Nest; thence~ continuing along said sou[herly line through a cen[ral angle of 120 32' 07" atong [he arc of sald curve Southeas[erly 2z5.34 feet; thence, con[inutng along said southerly {ine South 3~ 31' S6" East 128.28 feet to the 6eginning of a non-tangent curve~ concave northerly end having a radius of 960.00 feet. a radtal lfne of said curve through said point bears South 19° 37' 16" West; thence. continutng along said southerly Ilne through a central angle of 40~ 54' 02" along the arc of sald curve Easterly 685.30 feet; thence. continuing along said southerty line the following br.arings and disCances; Narth 61° 34' 36" East 310.lF8 feet; North 60° 55' k7" East 1Q0.00 feet; South 29° 04' 13" East 20.OC feet; North 60° 55' 47" East 242.57 feet; North 22° PC78-274 48' 37" East 263.a2 feet; North 11~ 23' S8" East 253.21 feet to the beginning of a non-tangent curve, concave southeasterly and having a radlus of 440.00 feet, a radial line of said curve through said point bears North 74~ 04' 13" West; thence, continuing along said southerly line through a central angle of ~3° 32' 13" aiong the arc of said curve Northeasterly 33~+.35 feet; thence, continuing along saTd southerly line Che following bearings and distances; South 72° 46' 38" East 38~+.~~Z feet; South Bb° 09~ 39" East 183,67 feet; North 67° 03' 45" East 447.5o feet to the beginning of a non-tangen[ curve, concave southwes[erly and hav(ng a radlus of 4785,00 feet, a radial line of said curve through said poirtt bears North E~ 44' 07" Easi; thence, continufng along s~id southerly lir.e through a cen[ral angle of 15~ 28' 12" aiong the arc of said curve Southeasterly 12~1.Q6 fee[; thence, continufng along ,aid southerly line South 47~ ~4' 24" East 223•57 feet to the northeasteriy line of that certain parcel of land described as "Parcel 1" In a deed recorded February ~~, 1941 in Book 1074, Page 564 of Official Records, records of sald Orangc County; ihence, along said northeasterly line South 24° 07' 10" East 667.79 fect to a point in the southeasterly iFne of said Trac[ No. 865; thence, along said southeasterly Ifne South 63° S1' 05" West 4128.20 feet to the ooint of beginning. PARCEL 2: That portlon of Lot 6 of Tract 965, as per map recorded in Book 28, Page 18 of Miscelianeous Maps, records of Orange County, Caltfornia, together with that portton of the land allotted to Manuel Feliz and wife, as described in the final Decree of Partition of the Rancho Santiago de Santa Ana, Hhich was entered September 12, 18G8, in Book "B", Page 410 of Judgements of District Lourt of the i7th Judicial District in and for Los Angeles County, California, all in the County of Orange, State of Callfornla, described as follows: Beginntng at the Northerly terminus of course No. 29~ as described in the Final Order of ConJemnation. Case No. ~6601?, a certified copy of whlch was r~cordcd OcLOber }4~ 1;7Q, in 8ook 4~31, Fage 619 of Offictal Records, as having a bearing and distance of North 29~ 04' 13" West 140.00 feet; thence South 60° 55' 47" West 85.00 feet to the Truc Point of Beginning; thence South 60° 55' ~7" west 115.00 feet to the 6egtnning of a curve concave Northeasterly having a radius of 810.00 feet; thence Nor[hwesterly 980.30 feet along said curve through a central angle of 69p 20' 32";thence North 49 ° ~3' 41" Nest 361,57 feet to the beginning of a curve concave Southwesterly having a radius of 890.00 feet; thence Northwesterly 578,46 feet along said curve through a central angle of 37~ 14' 23" to a poln[ on a non-tangent line a radtai to said point bears South 03° O1' S6" West; thence North 81° 52' 12" East 470.28 feet to a point on a non-[angent curve concave Southwesterly having a radius of 700.00 feet a radial to said point bears Nor[h 0~~ ~5~ 10" S/est; thence Southeasterly 355.39 feet along satd curve through a central angle of 29° OS' 21"; thence South 65° 09' 49" East 253.58 feet to the beginning of a curve concave Northeasterly having a radius of 600.Q0 feet; thence Easterly 56G.61 feet along said curve through a central angle of 53° 54' 24"; Chence North 60° 55` 47~' East 15,00 feet; thence South 2q° 04' 13" East 460.00 feet to [he 7rue Polnt of Beginning. -2- PC78-27~ PARCEL 3: Those portions of Lots 1 and 6 of Tract No. 865, tn the Lounty of Orange, State of Californta, as shown on a map recorded in Book 28, Page 18 of M(scellaneous Maps, in the offtce of the Lounty Recorder of said County, described as follows: Beginning at the Easterly terminus of course No. 13, as described in the final Order of Condemnation Case No. 166019, a certified copy of which was recorded October 14, 1970 in Book ~431, Page 619, of Official Records. as South 60° 55' 47" West 100.00 feet; thence South 60° 55' 47" Nest 50.00 fect along said course; thence North 290 04' 13" Wes[ 140.OQ feet; thence North 60° 55' 47" East 80.00 feet to thc True Polnt of Begtnntng; thence North 6Q~ 55' 47" East 120.00 feet to the beginning of a curve concave Northwesterly having a radius of 310.00 fee[; thencc Northeas[erly 2~3.37 feet through a central angle of 45° 00' 00"; thence North 15° 55' 47"East 252.42 feet to the beginning of a curve concave Southeas[erly having a radtus of 540.00 feet; thence Northeasterly 2e2.59 feet along sald curve through a central angle of 61° 4E' 54"; thence South 93° 41' 37" West 344.72 feet; thence 5outh 6~ 44~ 35~~ West 539.49 feet to the beginning of curve concave SouCheasterty having a radius of 150.00 feet; thence Southwesterly ZQ9.25 feet along saTd curve through a central angle of 79° 55' ~3": [hence South 130 11' 0$" Eas[ 60.85 feet; thence South 25a 42' 13" East 426.42 feei to the True Point of Begtnning. FlHEREAS, the Lity Planning Laemisslon did schedul~ a public hearing at the Cicy Hall in the Clty of Anahelm on June 18, 197~. at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anahelm Municipal Code. Chapter 18.03. to hear and consider evidence for and against said proposed reclassification and to investi9ate and make findings and recommenda[lons in connec[lon [herewith; said public hearing havfng been continued to the Ptanning Commissfon meeting of December 4, iq78; and WHEREAS, said Commission after due (nspect(on, Inves[igation and sLudy madr ny itself and in tts ~ehalf, and after due tonsJderation of al! evidence and reports offered a[ said hearing, does find and determtne the following facts: 1. That [he petttioner proposes pre-annexation zoning of subject property from the County of Orange R1 (General Agricultural) DTstrict to the City of Anahetm PC(SC) (Planned Cormun(ty-Sce~ic Corridor Overlay) Zone. 2. That the proposed reclassiftcatton is hereby granted subject [o the condi[ton that the proposed planned cor,munity be modi`lad to increase the commercial area from 21 acres to approximately 40-SQ acres In order to permit the possibte devclopmen[ of a regional shopping center in the hill and canyon area, Lhereby reducing the potentially a~verse fiscal tmpact of su~Ject planned cormunity on the Ctty of Anaheim as a whole. 3. That chr_ proposed reclasslficatlon of subJect property is necessary and/or deslrablc for the orderly and proper develoFxnent of thc communliy. 4. That the proposed reclessiflcatton of subJect property does properly relate to the zones and their permitted uses locally established in close proximity -3- PC78-274 ~~ [o subject property and to the zones and their perm(tted uses generally established throughout the cortvnunity. 5. 7hat the proposed reclassiflcatlon of subJect property requlres the dedication and improvement of abutting streets in accordance with the Clrculation Element of the General Plan, due to the anticipated increase Tn traffic which wtll be generated by the in[ensiftcation of lanci use. 6, That numerous persons indicated their presence at sald publtc hearing in oppositlon; and that correspondence was received In opposltlon to the subject petTtlon. ENVIRONMENTAL IHPACT FINDING: That on Navember 20, 1973, the Anaheim City Planning Comm ss on rev ewed Env ronmental Impact Repor[ No, 216 for the General Plan Development of the Bauer Ranch and the evidence, both written and oral, presanted at that time to supplcment draft EIR No. 216, a~d found that potentiai pro]ect-generated environmental impacts were reduced to an insiginificanc level by the conformanc~ with CiCy Plans, policies and ordinances; [hat draft EIR No. 216 was determl~ed to be in compiicnace v~i[h the Californta Environmental Qualtty Act and with City and S[ate EIa Guidelines; and, therefore, based upon such information, [he Anaheim City Planning Comm(ssion did certify EIR No. 21F. NOW, TNEREFORE, BE i7 RESOLVED that the Anaheim Clty Ptanning Lommission does hereby grant subJect Peti[ton for Reclassiftcatlon and, by so doing, that Tiile 13-Zonina of the Anaheim Municipal Code be amended [o exciude the above-described property from the Coun[y of O~ange Ai (GEt1ERAL A~RICULTURAL} DISTRICT and to Tncorporate said dcscribed property into thc City of AnaheTm PC(SL) (PLANNED COMNUNITY-SLEt11G CORRIDOR QVERLAY) ZONE upon the followtng condTtions Nhich are hereby found to be a necessary prerequisite to the proposed us~ of ,ubJect property in order to preserve the safety and generat weifare of the Citizens of the City of Anahclm: 1. Th<~t these reclassification proceedings are granted subJect to the canpletion of annexatlon of subject property to the Lity of Anahei~. 2. Tha[ ordinances reclasslfying the property shall be adopted as each parcel is ready to comply wi[h condittons pertalning to such parcel; provided, however, tha[ the word "parcel" shall mean presently existTng parcels of record and any parcel or parcels approved by che City Council for a lot split. 3. That [he number of dwelling units per acre proposed (in co~nection with tract maps, parcel maps, or other developmen[ plans) for each land use area In the Bauer Ranch Planned Community may be equal [o but shall not exceed Lhe average density as approved in the Bauer Ra~ch Ge.neral Plan of Development unless such proposal to transfer dwclling untts between or wlLhin land use areas is submltted to and approved by the NlannTng Commission. Plans for any proposed transfer of dwetling units shall tdentify the land use a~eas affected and shall specify both the approved and the proposed dwslling untt counts in all ~ffected land use areas. The total dwelling unit count in the Bauer Ranch Planned Camnunity shall not exceed 900. 4. That prior to the introducti~n of an ordinance to establlsh zoning on each speciflc p~rcel or parcels within the Planned Community, and in acco~dance with the provisions of the "PC" Planned Community Zone, there shal) be submitted Lo the City Planning Commission far revlew and approval speciflc pians of development for the area(s) involved. Final specific pians shall include, but not 6e limited to~ the following: -4- PC78-274 a. Topographic map b. Site pians and elevations: showing the placement of [he buildings and structures; the front, side and rear elevations; and the exterior bullding materials, including roofing. c. Lot dlmensions and pad size of all lots sufficlen[ to indtcate the relationship of the proposal to the naturc and extent of the cut-and- fill or earthwork tnvolved. d. Landscaping olans: indicattng [he extent and type of proposed landscaping and including any existing vegetation. e. Vehicle circulation and parking plan: fndicating the nature and extent of publTc and private streeis, public alleys, or public accessways for vehicutar circulation, off-street par~ing and vehtcle storage. f. Equestrian and hiking trails piart: showing the placement and improvements of the trails casenents. g. Fence and/or watl plans: indicating the type of fencing along any lot line of a site abutting a streeL, river, creek, open storm drain, lake, railroad, or other works. h. 519ning plans: indicattng the proposed signina program and Inc~uding, but not iimtted to, any identiflca[ton, business or other signs; and specifying the size. heigh[. loca[lon. color, materiat and Itghting of such signs. 5. That dedication of all public streets inctuding arierlal hiqhHays shatl be made to the City of Anaheim in accordance wi[h Che submitted Circulation Elanent of the Bauer Ranch General Plan of ~evelopment and with the adopted LirculatTon El~ment of [he Anaheim Genera) Plan. 6. That dedica[ion of vehicular access rights except at approved acce~s points to Santa Ana Canyon Road and Neir Canyon Road shall be made to the City of Anaheim prior to the approval of final specific development plans for each parce7. Such plans tnclude bu[ are not limited to tract maps, parcel maps, and building ~ermii plans. 7. That dedlcation of Equestria~ and HTking Trails Easements shall be made in accordance with the adopted Equestrlan and Htking Tralls Element of the Anahsim General Plan; and that said traTls shall be tmproved in accordance with plans and speclfications on file in the office of the CTty Engtneer. prior to [he approval of final specific development plans for each parcel. 8. Thac in accordance with Councfl Polity No. 214 pertalning to Traffic Signal Assessments, traffic signal fees shall be pald prior to the tssuance of a building permtt. 9. That trash storage areas shall be provide~ in accordance wtth app~oved plans on file With the office of the Dlrector of Pubiic Uorks. 10, That prlor to any water connections in the Bauer Ra~ch Planned Communtty, the developers of sald planned community {Kaufman and Broad. Inc, or theTr successors, assfg~s. or transferees) shall submit to the Dtrector of Public Utilittes for hTs review and approval, a p~oposed plan for the acreage payment of water main extension fecs. Said plan shall consider all la~d within the Bauer Ranch Planned Community including open space. .5_ PC)8-214 1 ! ` 11. That ftre hydrants shall bc instalted and charged as requtred and determined to be necessary by the Chief of the Flre Department prior to commencement of structural framing. 12. That all requirements of Fire 2one 4(otherwise identifled as Fire Administrative Order No, 7b-01 on file in the office of the FTre Chlef) shall be met. Such requlrements include. but are no[ limited to: Chimney spark arrestors. protected attic and under floor openings, Class C or better roofing material and one hour fire resisttve constructi~^ of horizontal surfaces loca[ed wichtn 200 fee[ of adJacent brushland. 13. That fuel brcaks shall be provided as de[ermined to bc required by the FTre Chief. 14. That no public or prTvate street grades shall exceed 10$ excep[ by prior approva) of the Fire Department and the Enginecring Division. 15. That in accordarce with the policies of the Fire Department, native slopes (as discussed in Chapter 17.06 "Grading, Excavations and Fllls in Hills(de Areas" of the Anaheim Municipal Code) lotated adJacent to newiy constructed homes shall be hydroseeded with a low fuel combustible seed mix, Such slopes shall be sprinklcred and weeded as required to establish 100 feet separation of flammable vegetation from any structure. 16. That subJect property shall be served by underground utiiities. 17. That dralnage of said property shall be disposed of in a manner satisfactory to the CitY Engineer. If. in the preparation of the site, sufficlent gradtng Is required to necessitate a grading permit, no rbrk on grading will be permitted between October i5th and Aprl) 15th unless alt requir~d off-sitc drainage facilities have been installed and are operative. PositTve assurance shall be provtded the City that such dralnage facili[tes will De completcd prtor io October i5th. Hecessary righE-of-Nay for off-site Jrainage faciii"ties shati bc dedicated Co Che CT[y, or the Gity Councll shatl have initiated condmnacion proceedings therefor (the costs of which shall be borne by the developer) prior to the commenecnent of grading operations. The required dratnage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ul[imace disposal as approved by the City Engineer. Said drainage facili[tes shall be the firs[ item of construction and shall be completed and be functional throughout the tract and from the dawnstream boundary of the property to the uitimate point of disposal prtor to the {ssuance of any final buitding inspections or occupancy permi[s. Drainage district reimbursement agreements may be made available to the developers of said property upon their request. The ulttmate point o` disposal shall be the Sanca Ana River and any deficient dratnage facTlfties under Santa Ana Canyon Road or Lhe Riversidc Frecway shail be upgradad by the developer as required to handle the ultimate flow, 18, That the owner(s) of subJect property shall pay to the Ctty of Anahcim the appropriate park and recreation tn-lleu fees as determined to be approprlate by the CTty Council~ said fees ta be paid at the time the bul7ding permit is tssued, 1G. That all private streets shall be developed in accordance with the City of Anaheim's standards for prlvatc streecs. -b- Pt78-274 20. That prior to approval of a final tract map or to the issuance of building pcrmits. covenants, conditions and restrictions shall be submitted tn and approved by the City Attorney's Office and, further, that the approved covenants, tonditions and restrictions shall be recorded. Said covenants, conditions and restrictions shall tnclude provision for the permanent maintenance of any common open space areas. 21. That prior to the introduction of the first ordinance to establlsh zoning on any parcel(s) wtthin the Bauer Ranch Planned Communtty, a specific Pubiic Facilities p'.an, including such implementation programs as may be approved by the City Councti, shall be provided by the developer(s) of the entire Ptanned Co~nunity (Kaufman and Broad, Inc. o~ their successors, assigns, or transferrees). The specific plan shall include, but not be limited to, a dlscussion and evaluation of the fotlowin9: a. Identification of all the public facilities proposed for the area, including but not beln9 timited to public streets, landscaped medians and parkways; public parks and open spaces; poltce and fire facilities; librar;es; eques[rian and htking trails; bicycle lanes; electric utilities such as substations, transmission lines, and street lighting; and oiater utilities such as transmtssion matns and reservoirs. b. Ultimate development capacities of the public facilittes for the area. c. Land proposed to be dedicated to the City of Anaheim for public facility purposes. d. Cost to the City of Anaheim for ail public facilities. e. Alignment, phasing and bonding for all rights-of-way for all arterial highways, including equestrian and hiking trails and bicycle tanes; storm drains; utility easements and other public factlities. f. Specific means of financi~g the installatton, cunstruction, and maintenance of all public factlicies; such means may (nclude but are not limited to reimbursement districts, assessment districts, in lieu fees, establishment of a master homeowners association, e[c, provided that the specific means for each public facilityshall be approved by the Lity of Anaheim. 22. ihat subjict property shail be developed substantially in accordance wtth the Bauer Ranch General Plan of Development on file with the City of Anaheim and marked Exhiblt No. 1; provided~ however, [hat the total dwelling unit count shall not exceed 900 ~lthough transfer of units between land use areas may be approved by the Planning Commission fallowing submittal of precise ptans for such transfer, as discussed in the preceding Cond(tion 3. 23. Tha[ Co~ditfon Nos. 1, -t, 5 and z1, above mentioned, shall be compited with prior to the cortmencement of the activity authorized under this resolutlon, or prior to the time that the building permit is issued, or within a perlod of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 24, That Condition Nos. 9, 12. 13, 15, 16, 17. 19 and 22~ above mentloned~ shall be complied with prior to finel buTlding and zontng insRections. -7- PC78-274 ~... , ~r i.. ~F BE IT FURTHER RESOLVED that the Anahcim City Planning Commission does hereby find and determine that adoption of this Resolution (s expressly predicated upon applicant's compliance with each a~d all of the conditions hereinabove set forth. Should any such condition, or any parc thereof, be declared invalid or unenfarceable by the final Judgment of any court of competent Jurisdictlon, then this Resolutton~ and any approvals herein contalned, shali be deemed null and vold. THE FOREGOIHG RESOlUTION is signed and appr me this 4th day of December, 1978. ~ ~ CHAIRHAP7, lAHE M PLANNING LOMMISSIOh ATTEST: ~i.~ ,r.° ~/;~.,:. SECP.ETAR , ANAHEIh1 CITY PLANNING COM!115510N STATE UF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ed!th L. Harris, Secretary of the Anaheim C(ty Planni~g Commission~ do hereby certify that the Foregoin9 resolutlon was passed and adop[ed at a meeting of the Anahetm City Planning Commfssion heid on December 4, 197B, at t:30 p.m., by the follorrinq vote of tfie memb~rs thercof: AYES: COMMISSIONERS: BARNES, BUSNORE~ HER85T, TOLAR NdES: COMMISSIONERS: DAVID~ Y.ING ABSENT: CQMHISSIONERS: JOHNS0~1 ~N WIT~IE55 WHEREOF, 1 have hereun[o set my hand this kth day of December, 1978. `~~f.~ .~! ~~.. SECRETAR , ANAHEIM L-TY PLANNIN& COHNISSION -8- PC78-274 ~:.