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1979-050ATTY -18 -C RESOLUTION NO. 79R -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 77- 78 -¢t} to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, and to consider a change in the boundaries of the zone or zones hereinafter men- tioned and described and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and approved the proposed amendment; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the amendment 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, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and that the following de- scribed property, situated in the City of Anaheim, County of Orange, State of California, to wit: PARCEL 1: Those portions of Lots 1, 2, and 6 of Tract No. 865, as per map recorded in Book 28, Page 18 of Miscellan- eous Maps, records of Orange County, California, and a portion of the land allotted to Manuel Feliz and wife, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book "B Page 410 of Judgements -1- 77 -78 -614 of District Court of the 17th Judicial District in and for Los Angeles County, California, all in the County of Orange, State of California, described as follows: Beginning at the most southerly corner of said Tract No. 865; thence, along the Southeasterly prolongation of the southwesterly line of said Tract South 26 29' 10" East 1029.34 feet; thence, North 89 05' 55" West 3576.20 feet to the easterly line of that certain par- cel of land described in a deed to the Southern Cali- fornia Edison Company, recorded April 8, 1971 in Book 9598, Page 893, of Official Records, records of said Orange County; thence, along said easterly line North 1 30' 09" West 1802.17 feet to an angle point therein; thence continuing along said easterly line North 23 17' 42" East 1391.25 feet to the southerly line of Parcel C- 2616 -1 described in the Final Order of Con- demnation, Case No. 166019, a certified copy of which was recorded October 14, 1970 in Book 9431, Page 619, of Official Records, records of said Orange County; thence, along said southerly line North 79 23' 43" East 171.36 feet to an angle point therein; thence, continuing along said southerly line the following bearings and distances; North 77° 16' 13" East 738.76 feet; South 82 38' 52" East 279.80 feet; South 54 39' 26" East 376.96 feet; South 49 43' 41" East 361.57 feet to the beginning of a non tangent curve, concave northeasterly and having a radius of 1030.00 feet, a radial line of said curve through said point bears South 40 16' 19" West; thence, continuing along said southerly line through a central angle of 12° 32' 07" along the arc of said curve Southeasterly 225.34 feet; thence, continuing along said southerly line South 88° 31' 56" East 128.28 feet to the beginning of a non tangent curve, concave northerly and having a radius of 960.00 feet, a radial line of said curve through said point bears South 19° 37' 16" West; thence, con- tinuing along said southerly line through a central angle of 40 54' 02" along the arc of said curve East erly 685.30 feet; thence, continuing along said south- erly line the following bearings and distances; North 61 34' 36" East 310.48 feet; North 60° 55' 47" East 100.00 feet; South 29 04' 13" East 20.00 feet; North 60° 55' 47" East 242.57 feet; North 22° 48' 37" East 268.82 feet; North 11 23' 58" East 253.21 feet to the beginning on a non tangent curve, concave southeast- erly and having a radius 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 43 32' 18" along the arc of said curve Northeasterly 334.35 feet; thence, continuing along said southerly line the following bearings and distances; South 72° 46' 38" East 384.42 feet; South 86° 09' 39" East 183.67 feet; North 67° -2- 03' 45" East 447.50 feet to the beginning of a non tangent curve, concave southwesterly and having a radius of 4785.00 feet, a radial line of said curve through said point bears North 6° 44' 07" East; thence, con- tinuing along said southerly line through a central angle of 15 28' 12" along the arc of said curve South- easterly 1291.96 feet; thence, continuing along said southerly line South 47° 44' 24" East 223.57 feet to the northeasterly line of that certain parcel of land described as "Parcel 1" in a deed recorded February 4, 1941 in Book 1074, Page 564 of Official Records, records of said Orange County; thence, along said northeasterly line South 24 07' 10" East 667.79 feet to a point in the southeasterly line of said Tract No. 865; thence, along said southeasterly line South 63 51' 05" West 4128.20 feet to the point of beginning. PARCEL 2: That portion of Lot 6 of Tract 865, as per map recorded in Book 28, Page 18 of Miscellaneous Maps, records of Orange County, California, together with that portion of the land allotted to Manuel Feliz and wife, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868, in Book "B Page 410 of Judgements of District Court of the 17th Judicial District in and for Los Angeles County, California, all in the County of Orange, State of Cali- fornia, described as follows: Beginning at the Northerly terminus of course No. 29, as described in the Final Order of Condemnation, Case No. 166019, a certified copy of which was recorded October 14, 1970, in Book 9431, Page 619, of Official 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 True Point of Beginning; thence South 60° 55' 47" West 115.00 feet to the beginning of a curve concave Northeasterly having a radius of 810.00 feet; thence Northwesterly 980.30 feet along said curve through a central angle of 69° 20' 32 thence North 49° 43' 41" West 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 point on a non tangent line a radial to said point bears South 03 01' 56" West; thence North 81 52' 12" East 470.28 feet to a point on a non tangent curve concave South- westerly having a radius of 700.00 feet a radial to said point bears North 04° 15' 10" West; thence South- easterly 355.39 feet along said curve through a central angle of 29 05' 21 thence South 65 09' 49" East 253.58 feet to the beginning of a curve concave North- easterly having a radius of 600.00 feet; thence East- erly 564.61 feet along said curve through a central angle of 53° 54' 24 thence North 60 55' 47" East 15.00 feet; thence South 29 04' 13" East 460.00 feet to the True Point of Beginning. -3- PARCEL 3: Those portions of Lots 1 and 6 of Tract No. 865, in the County of Orange, State of California, as shown on a map recorded in Book 28, Page 18 of i Miscellaneous Maps, in the office of the County 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 9431, Page 619, of Official Records, as South 60 55' 47" West 100.00 feet; thence South 60 55' 47" West 50.00 feet along said course; thence North 29 04' 13" West 140.00 feet; thence North 60 55' 47" East 80.00 feet to the True Point of Beginning; thence North 60° 55' 47" East 120.00 feet to the beginning of a curve concave Northwesterly hav- ing a radius of 310.00 feet; thence Northeasterly 243.37 feet through a central angle of 45 00' 00 thence North 15 55' 47" East 252.42 feet to the begin- ning of a curve concave Southeasterly having a radius of 540.00 feet; thence Northeasterly 282.59 feet along said curve through a central angle of 61° 48' 54 thence South 83 41' 37" West 344.72 feet; thence South 66° 44' 35" West 539.49 feet to the beginning of a curve concave Southeasterly having a radius of 150.00 feet; thence Southwesterly 209.25 feet along said curve through a central angle of 79° 55' 43 thence South 13 11' 08" East 60.85 feet; thence South 25° 42' 13" East 426.42 feet to the True Point of Beginning, be excluded from the County of Orange "Al" GENERAL AGRICULTURAL DISTRICT and incorporated in the City of Anaheim "PC" PLANNED COMMUNITY ZONE, subject to the following conditions: 1. That these reclassification proceedings are granted subject to the completion of annexation of subject property to the City of Anaheim. 2. That ordinances reclassifying the property shall be adopted as each parcel is ready to comply with conditions pertain- ing 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. 3. 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 the Bauer Ranch General Plan of Development unless such proposal to transfer dwelling units between or within land use areas is sub- mitted to and approved by the Planning Commission. Plans for any proposed transfer of dwelling units shall identify the land use -4- 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 900. 4. That prior to the introduction of an ordinance to estab- lish zoning on each specific 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 Plan- ning Commission for review and approval specific plans of develop- ment for the area(s) involved. Final specific plans shall include, but not be limited to, the following: a. Topographic map. b. Site plans and elevations showing the placement of the buildings and structures; the front, side and rear elevations; and the exterior building materials including roofing. c. Lot dimensions and pad size of all lots sufficient to indicate the relationship of the proposal to the nature and ex- tent of the cut- and -fill or earthwork involved. d. Landscapng plans indicating the extent and type of proposed landscaping and including any existing vegetation. e. Vehicle circulation and parking plan indicating the nature and extent of public and private streets, public alleys, or public accessways for vehicular circulation, off- street parking and vehicle storage. f. Equestrian and hiking trails plan showing the place- ment and improvements of the trails easements. g. Fence and /or wall plans indicating the type of fenc- ing along any lot line of a site abutting a street, river, creek, open storm drain, lake, railroad, or other works. h. Signing plans indicating the proposed signing pro- gram 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. 5. That dedication of all public streets including 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. 6. That dedication of vehicular access rights except at ap- proved access points to Santa Ana Canyon Road and Weir Canyon Road shall be made to the City of Anaheim prior to the approval of final specific development plans for each parcel. Such plans include, but are not limited to tract maps, parcel maps, and building permit plans. -5- 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; and that said trails shall be improved in accordance with plans and specifications on file in the office of the City Engineer, prior to the approval of final specific development plans for each parcel. 8. That in accordance with Council Policy No. 214 pertainig to Traffic Signal Assessments, traffic signal fees shall be paid prior to the issuance of a building permit. 9. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 10. That prior to any water connections in the Bauer Ranch Planned Community, the developers of said planned community (Kauf- man and Broad, Inc. or their successors, assigns, or transferees) shall submit to the Director of Public Utilities 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 re- quired 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 identi- fied 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 ten percent (10) except by prior approval of the Fire Department and the Engineering Division. 15. That in accordance with the policies of the Fire Depart- ment, native slopes (as discussed in Chapter 17.06 "Grading, Exca- vations 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 sprink- lered and weeded as required to establish 100 feet separation of flammable vegetation from any structure. 16. That subject property shall be served by underground utilities. -6- 17. That drainage of said property shall be disposed of in a manner satisfactory to the City Engineer. If, in the preapration 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 installed and are operative. Positive assurance shall be pro- vided 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 condemnation proceedings therefor (the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher prop- erties 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 ulti- mate 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. The ultimate point of disposal shall be the Santa Ana River and any deficient drainage facilities under Santa Ana Canyon Road or the Riverside Freeway shall be upgraded by the developer as required to handle the ultimate flow. 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 the building permit is 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, further, that the approved covenants, conditions and restrictions shall be recorded. Said covenants, conditions and restrictions shall include provision for the 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) within the Bauer Ranch Planned Community, a specific Public Facilities plan, including such imple- mentation programs as may be approved by the City Council, shall be provided by the developer(s) of the entire Planned Community (Kauf- man and Broad, Inc. or their successors, assigns, or transferees). The specific plan shall include, but not be limited to, a discussion and evaluation of the following: a. Identification of all the public facilities proposed for the area including, but not being 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, transmission lines, and street lighting; and water utilities such as transmission mains and reservoirs. -7- b. Ultimate development capacities of the public facili- ties 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 all public facilities. e. Alignment, phasing and bonding for all rights -of -way for all 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 asso- ciation, etc. provided that the specific means for each public faci- lity 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 Development on file with the City of Anaheim and marked Exhibit No. 1; provided, however, that the total dwelling unit count shall not exceed 900 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 3. 23. No ordinance reclassifying any portion of the property designated on the Zoning Element of the General Plan of Development (Revision No. 1) 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 por- tion 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 re- classify the designated site for commercial development consistent with the approved feasibility study. 24. That Condition Nos. 1, 4, 5 and 21, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 25. That Condition Nos. 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 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 deter- mined to be necessary and proper. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of January, 1979. ATTEST: JLW: fm CLERK OF T E CITY OF ANAHEIM THE Y 0 ANAHEIM 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 -50 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 23rd day of January, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -50 on the 23rd day of January, 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 23rd day of January, 1979. (SEAL) I, LINDA D. 2OBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 79R -50 duly passed and adopted by the Anaheim City Council on January 23, 1979.