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4797ORDINANCE NO. 4797 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: PARCEL A: A PORTION OF PARCEL 3 OF PARCEL MAP NO. 81-234 AS SHOWN ON A MAP FILED IN BOOK 186, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 4, AS SHOWN ON THAT CERTAIN "LOT LINE ADJUSTMENT PLAT NO. 131" RECORDED JANUARY 23, 1985 AS INSTRUMENT NO. 85-025199 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF LOT "B" OF TRACT NO. 10983 AS SHOWN ON A ,.... MAP RECORDED IN BOOK 521, PAGES 42 THROUGH 44 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT "B"; SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 926.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 4 DEGREES 32' 07" WEST; THENCE ALONG THE EASTERLY LINE OF SAID LOT "B" THE FOLLOWING COURSES: -1- 77-78-64(8) SOUTH 27 DEGREES 03' 16" EAST 357.90 FEET; THENCE SOUTH 57 DEGREES 32' 20" EAST 92.89 FEET; AND SOUTH 25 DEGREES 31' 40" EAST 77.71 FEET; THENCE LEAVING SAID EASTERLY LINE AND THROUGH A PORTION OF SAID LOT "B" THE FOLLOWING COURSES: NORTH 49 DEGREES 11' 44" WEST 70.00 FEET; THENCE NORTH 53 DEGREES 40' 55" WEST 89.73 FEET; THENCE NORTH 46 DEGREES 49' 28" WEST 226.01 FEET; THENCE NORTH 18 DEGREES 41' 18" WEST 113.83 FEET; THENCE NORTH 1 DEGREE 26' 30" EAST 80.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT "B"; SAID POINT BEING ON THE AFOREMENTIONED 926.00 CURVE; A RADIAL LINE TO SAID POINT BEARS SOUTH 1 DEGREE 26' 30" WEST; THENCE EASTERLY ALONG SAID 926.00 FOOT CURVE THROUGH A CENTRAL ANGLE OF 3 DEGREES 05' 37" A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, into the "RM-1200(SC)" RESIDENTIAL, MULTIPLE -FAMILY (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 he 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 count in the Bauer Ranch Planned Community shall not exceed 945. 2. That prior to the issuance of a building permit or prior to recordation of a final parcel map, whichever occurs first, 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. 3. 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. 4. 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. -2- S. 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. 6. 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. 7. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Executive Director of Public Works. 8. 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. 9. 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. 10. 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 (1) hour fire resistive construction of horizontal surfaces located within 200 feet of adjacent brushland. 11. That fuel breaks shall be provided as determined to be required by the Fire Chief. 12. That no public or private street grades shall exceed ten percent (10%) except by prior approval of the Fire Department and the Engineering Division. -3- 13. 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 one hundred (100) feet separation of flammable vegetation from any structure. 14. That subject property shall be served by underground utilities. 15. 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. 16. 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. 17. That all private streets shall be developed in accordance with the City of Anaheim's standards for private streets. 18. 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. 19. 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 submittals of precise plans for such transfer, as discussed in the preceding Condition No. 1." -4- 20. 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. 21. That Condition Nos. 2, 3, 4, 5 and 20, 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, which occurs first. 22. That Condition Nos. 6, 7, 10, 11, 13, 14, 15, 17 and 19, above mentioned, shall be complied with prior to final building and zoning inspections. 23. 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. 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. THE FOREGOING ORDINANCE City Council of the City of Anahei m ATTEST: MY CLERK 0 THE CITY OF ANA= JWF:fm 1619L 011287 is approved and adopted by the this 27th day of January, 1987. Z� qb0% MAYOR OF THE CITYY F ANAHEIM -5- CLERK 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. 4797 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of January, 1987, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of January, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4797 on the 27th day of January, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of January, 1987. 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. 4797 and was published once in the Anaheim Bulletin on the 6th day of February, 1987. 1'.a