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71R-053 RESOLUTION NO. 7lR.-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETEID4INING THAT TITLE 18 OF THE ill~AHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE ~mNDED Al~D THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. miEP~AS, the City Planning Commission of the City of An~1eim did hold a public hearing in Reclassification Proceed- ings "No. 70--71-25 to consider an amendment to Ti.t1e 18 of the Anaheim Municipal Code relating to zoning, and to consider a change in the boundaries of tile zone or zones hereinafter men- tioned and described, and at said hearing did receive evidence ~,d reports from persons interested therein and from its staff; and WHEREAS, within a period of forty days fOllowing said hearing the Planning Commission did duly adopt a resolution con- taining a report of its findings, a s~~ary of the evidence presented at said hearing, and a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and ~~iEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission the City Council did fix the 2nd day of February, 1971 as the time, and continued to the 9th day of February, 1971, and the City Council Chambers in the City Hall of tlle City of Anaheilu as the place for a public hearing upon said proposed amendment to Title 18 of tile Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the in- corporation thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form as provided in said Title 18 of ~~e Anaheim Municipal Code; and WHEP~AS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hear- ing and did give all persons interested therei.n an opportunity to be heard, and did receive evidence and reports, and did thereupon consider the summary of evidence presented at said public hearing before the Planning Comrnission, its report of findings and recommendation; and WHEREAS, the City Council does find and determine that the ~~endment to Title 18 of the Anaheim Municipal Code should be adopted and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone or zones as hereinafter set forth. NOW, THEREFOKE, BE IT ID~SOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municipal Code be, and b~e same is hereby, amended and that the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: -1-- 70-71-25 .--.-....-.... ."'.."....-.. ....-...... -- ......_.4 --" ..re.II. . .............. - "-..1-". -...............__........._...-.-...."'~I'..............---...~4;._..........a-.l.. ........:~ ..._._.~..___....~.........~.. Beginning at the southeasterly corner of that certain annexation to the City of Anaheim entitled iiEsperanza- Rotll'~; thence along the easterly line of said annexation being also the easterly line of the land described in the deed to Samuel Kraemer recorded September 18, 1915, in Book 270, page 7 of Deeds, records of Orange County! North 10 311 44:; East, 2,214.53 feet to the non-tangent intersection with a curve in the southerly line of the Atchison, Topeka and Santa Fe Railroad Company right of way, 100.00 feet in width! being concave southeasterly and having a radius of 3,769.83 feet, said 100.00 foot strip being shown on Orange County Surveyor's File Map &0. 3369, said southerly line being parallel with and 120.00 feet southerly from the centerline of Esperanza Road, as monumented and noted in Orange County Surveyor's ~ransit Book lOS, pages 17 through 20, a radial line of said curve to said point bears North 480 35' 52B West; tl1ence ~ortheasterly along said curve and southerly line through a central angle of 420 451 33" an arc distance of 2,813.38 feet; thence tangent to said curve and con- tinuing along said southerly line North 840 09 I 41 il East.r 1,131.92 feet to a tangent curve concave northerly and having a radius of 2,914.93 feet; thence Easterly along said curve and said southerly line through a central angle of 120 27 I 00 ,; an arc distance of 633.40 feet to the tangent intersection with a course in said southerly line, shown as having a bearing of North 7lo 04' 33u East on a map filed in Book 37, page 33 of Records of Surveys, records of said County~ thence along said course North 710 421 41'; East, 1,508.91 feet to the easterly line of the property described in Parcel 1 of a deed to Virginia Richards, recorded September 28, 1960, in Book 5438: page 79 of Official Records of said County, said easterly line being shown on said Record of Survey. thence along said easterly line South 60 401 31.3:: East,.. l..,286.89 feet to tile southeast corner of said Richards propertYf thence along the southerly line of said Richards property South 620 231 4911 west,. 1,239.37 feet to an intersection with a line shown as having a bearing of ~'Iorth 290 22; 00;' ~vest, and a length of 126.53 feet on Orange County Surveyor's E"lile i:1ap Ho. 9870, sheet file number l8907."Ci thence along said line North 290 22 I 00 i: West, 126.53 feet to a non- tangent intersection with a curve, concave southeasterly and having a radius of 10,220.00 feet! as shown on said File Map No. 9870, a radial line of said curve to said point bears l~orth 190 44il 071~ West; thence Southwesterly along said curve t..~rough a central angle of 90 37i 53u an arc distance of 1,717.98 feet to a tangent line, as shown on said Pile Map uo. 9870, thence along said line South 600 381 00" VJest, 3,430.26 feet to t11e point of beginning. be excluded from Orange County A-I, AGRICULTURAL DISTRICT, and incorporated in the City of Anaheim R-2-S000 - ONE FAMILY ZONE, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by the City Council and then be record- ed in ttle uffice of the Orange County Recorder. -'2- _......:I~ ."-,: ...... ~ __... - ....:.... 4- .~ .~. n._. -. - ......... ................ _.'_~ .'-..'_.'I;"~"'.""'lI.._.....~.........--.._____.....__,,.~.. _~...__.._ 2. Prior to the introduction of an ordinance rezoning subject propertYl Condition No. 1 above mentioned shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof, or such further time as the City Council may grant. 3. 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 tinle the building permit is issued. 4. That these reclassification proceedings are granted subject to the completion of annexation of subject property to the City of Anaheim. 5. That subject property shall be developed in accordance with standards as follows: 1) That prior to the introduction of an ordinance reclassi- fying subject property: a specific plan shall be required for any use, subdivision, site design or the construc- tion of any building, fence, sign or structure, or the removal or deposit of natural material. Plans shall be submitted indicating front, side and rear elevations, plan view and a cross section through the proposal and through sufficient adjacent properties to indicate the relationship of the proposal to those properties. Plans or drawings should also show proposed building or struc- ture locations, and in reasonable detail walls, walks, topography, existing vegetation, proposed parking lay- out and location, landscape and irrigation proposals, building and roofing materials. 2) All buildings or mobilehome coaches along La Palma Avenue, A.T. & S.F. Railroad right-of-way and Fairmont Boulevard, shall maintain a landscaped setback area having a minimum depth of 50 feet. Said setbacks shall be measured horizontally from the planned highway right-of-way lines as indicated on the Circulation Ele:nent of the General Plan to the building. The 50- foot setback may be reduced to 40 feet where variations in wall designs are provided. Variations in the re- quired solid wall that are designed to include such decorative materials as wrought iron, wood, stone or landscaping are encouraged, provided that no more than ten percent of tile required wall length consist of variations and that no variation have a width greater than 5 feet. 3) The entire required setback area except where driveways cross said areas, shall be landscaped as follows: landscaping shall consist of lawn, trees, shrubs, ground cover and certain architectural features as listed below. All landscaped areas shall be permanently main- tained in a neat and orderly manner as a condition of use and shall be provided with hose bibhs, sprinklers~ or similar permanent irrigation facilities. -3~ .,t~... I .......... . ..on _ .'. .. .~... ......... . .~... .":100.....:, ....-~h.....-r......... .................,&............_..._. .......... ...... ...._..._......_........ .~ The following architectural features, structures, and accessways may be permitted in the required setback area: a. Fountains, ponds, pools, sculpture, planters and open or covered walkways where they are an integ- ral part of a landscaping scheme comprised prim- arily of plant materials. b. Decorative screen type walls. c. Flag poles. (Maximum of 25 feet in height) 4) Where a building site is adjacent to the A.T. & S.F. Railroad right-Of-way, a solid decorative masonry wall, an earthen berm or combination of the two shall be pro- vided parallel to the right-Of-way line. The wall or berm shall be at least six (6) feet high as measured from the high grade side of the property line. In order to insure privacy to the dwelling units, a wall or berm in excess of six (6) feet in he.ight may be approved. Adequate landscaping to fully screen to a height of ten (10) feet the subject property from the railroad within two (2) years, shall be provided adja- cent to the right-of.-~way line. 5) ~Vhere a prospective building si te and/or subdivi.sion contains a Eucalyptus tree windbreak, the developer shall either, (1) leave the windbreak in its natural state; (2) prune the trees to a height of not less than 25 feet 1 or; (3) reraove the existing trees and replace them, one tree for every three trees (not necessarily in the same location) with windbreak substitute trees. Trees shall be at least eight (8) feet in height at the time of planting. \ihere a prospective building site and/or subdivision does not contain a Eucalyptus tree windbreak, the developer shall plant trees. in windbreak fashion along a convenient property line at the rate of ten (10) trees per gross acre. Trees shall be selected from the list of windbreak substitute trees at the end of this chapter and must be at least eight (8) feet high at the time of planting. Any prospective building site and/or subdivision shall not be required to have more than ten (10) windbreak trees per gross acre. 6) All natural terrain or areas left in an undisturbed state shall contain or shall be planted with adequate native plant material. An irrigation system shall not be required for these natural areas. 7) All cut or fill slopes shall be planted with adequate plant materials and irrigated with an irrigation system to protect the slopes against erosion. Said planting shall consist of at least one (1) tree per 300 square feet and one (1) shrub per 150 square feet of actual bank slope area and a ground cover to completely cover the bank wi thin two (2) years from the tilne of planting. "~4- . ..L __.... ........... "__".. _.. ~:r ..":,"... a..a,;.o;!:r.:.............,..~H...~.....-..._............l......._...._.___........~'.......~. 8) The maximum overall height of any building shall be 25 feet measured from the hi.ghest .portion of structure to the highest finished grade level at the foundation. 9) Roof mounted equipment including exterior mounted and ground mounted radio and television antennas shall not be pennitted. 6. That with the exception of Condition No. 5(1), above mentioned, all other elements of Condition No. 5 shall be complied with prior to final building and zoning inspection. 7. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertain.- ing to such parcel, provided, however, th.at the word :1parcel Ii shall mean presently existing parcels of record and any parcel or parcels approved by the City Council for a lot split. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby auulorized 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 deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me thi.s 9th day of February, 1971. ATTE.sT~ ~'. " ~,:f)~~ ;s~_____ CI CLERK OF THE CITY OF ANAHEIM -5- WPH:rns .~_.. :._~. ." ..<.r . _. ~ .,. _ ~_..... for .~......... . ....~.: -::"+ ~~.. _....,. ._.'.__...~_"'_._.._I"_"""""-''''',~_,~_____-""-"-""",,,, . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55 . CITY OF ANAHEIM ) -"'''. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-53 was passed and adopted at a ----- regular meeting of the City Council held on the 9th_ day of February , 19.?L, by the following vote of the members thereof: AYES: NOES: COUNCILMEN: Roth, Stephenson, Pebley, Thorn and Dutton COUNCILMEN: None ABSENT: COUNCIU~EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of February 19 7l. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of February __, 1971 . ~., ! hr. U~/2.. ;~ CI CLERK OF THE CITY OF ANAfmIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-53 duly passed and adopted by the Anaheim City Council on February 9, 1971. ~ )no ))~~-: .~,--~ City Clerk -".