Resolution-ZA 2000-35~ ~
DECISION NO. ZA 2000-35
A DECISION OF THE ZONING ADMINISTRATOR
DENYING TENTATIVE PARCEL MAP NO. 2000-129
OWNER: Benjamin Fisher
1110 Tamarisk Drive
Anaheim, CA 92807
AGENT: Anacal Engineering
1900 East La Palma Avenue, #202
Anaheim, CA 92805
LOCATION: 1110 Tamarisk Drive
HEARING DATE: August 24, 2000, continued from the Zoning Administrator meetings of May 4 and
May 18, 2000.
OPPOSITION: 7 people indicated their presence at the August 24, 2000 public hearing in opposition to
the proposal; and that correspondence in opposition was received.
REQUEST: To establish a 2-lot single-family residential subdivision in the RS-HS-22,000(SC)
(Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone.
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That subject property (Lot No. 11 of Tract Map No. 10996) was developed in connection
with two nearby tracts (Nos. 10997 and 10998) in an eastern portion of the Anaheim Hills Planned
Community near Weir Canyon, and that these three tracts were analyzed as a single project and
considered concurrently with Environmental Impact Report ("EIR") No. 236 and Reclassification No. 80-
81-9 (under which ordinances to rezone the properties were adopted).
2. That letters were submitted indicating that this proposed parcel map would be in violation
of the Covenants, Conditions and Restrictions ("CC&R's") adopted in connection with Tract Map No.
10996 in which this property is located, and which CG&R's prohibit further subdivision.
3. That, as discussed in the Staff Report to the Zoning Administrator dated August 24, 2000,
the proposal is for two parcels which are significantly smaller (0.67 and 0.60 acres) than any other lots in
the same tract, which lots range from 1.0 to 2.13 acres in size with the average being 1.35 acres.
4. That, as discussed in the Staff Report, the proposed parcels (0.67 and 0.60 acres) are
only one-fourth (25%) the average lot size (2.58 acres) in this 3-tract area of the Anaheim Hills Planned
Community, which lots range from 1.0 to 4.83 acres in size.
5. That, as discussed in the Staff Report, although the underlying Tract Map No. 10996, as
part of a larger project originally known as the Anaheim Hills Planned Community, was approved prior to
enactment of State law relating to "specific plans," that project was proposed and analyzed as the
functional equivalent of a specific plan in that it addressed all or most of the required contents of a
specific plan (Government Code Section 65451), as follows:
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(a) A specific plan shall include text and a diagram or diagrams which specify all of the following in
detail:
(1) The distribution, location, and extent of the uses of land, including open space, within the
area covered by the plan.
(2) The proposed distribution, location, and extent and intensity of major components of public
and private transportation, sewage, water, drainage, solid waste disposal, energy, and
other essential facilities proposed to be located within the area covered by the plan and
needed to support the land uses described in the plan.
(3) Standards and criteria by which development will proceed, and standards for the
conservation, development, and utilization of natural resources, where applicable.
(4) A program of implementation measures including regulation, programs, public works
projects, and financing measures necessary to carry out paragraphs (1), (2) and (3),
above.
(b) The specific plan shall include a statement of the relationship of the specific plan to the general
plan.
6. That a summary of the development history of "The Texaco Project," which consists of
Tract Nos. 10966, 10997 and 10998, EIR 236, Reclassification No. 80-81-09 and a Speciman Tree
Removal request, is discussed in the Staff Report to the Zoning Administrator; and that said summary
includes the following quote from Orange County Board of Supervisors Resolution No. 80-1407, dated
September 2, 1980, relating to the character and density of development for the area:
"BE IT FURTHER RESOLVED that in order to obtain consistency with regional open
space and recreation planning efforts relative to Weir Canyon, this Board encourages the City
of Anaheim to vigorously enforce private open space mitigations such as estate densities,
restricted grading, landscaping edge treatment and covenants, conditions and restrictions that
have been verbally assured by Texaco-Anaheim Hills, Inc. (the property owner at that time) to
buffer Weir Canyon from adjacent residential development."
7. That the Goals and Policies for the Hill and Canyon Area (Area B) of the Anaheim
General Plan include the following Goals which are applicable to the area in which the proposal is
located: "To encourage the maintenance of sound and viable residential neighborhoods and
housing, and To encourage and maintain living areas which preserve the amenities of hillside living
and which retain the overall low density, semi-rural, uncongested character of the Hill and Canyon
Area;" but that this project would subdivide a single lot, which was designed as part of a cohesive
3-tract neighborhood originally designed to minimally impact the surrounding natural environment;
and that the proposed subdivision would create two % acre lots which do not reflect the existing
density of this well-established neighborhood; and that this neighborhood includes custom homes
built on minimum one acre lots that include large open space areas in the form of large yards, many
containing slopes.
8. That the range of permitted densities for this area is zero up to 1.5 units per acre, but it is
not guaranteed that the maximum can be achieved. Instead the actual density must fall within the
permitted range, as well as take into consideration the General Plan Goals and Policies, the size, shape
and topography of the subject property, and the compatible integration of the subject property into the
surrounding area. Further, these three tracts were intended to be very low in density (0.46 units per
gross acre) with minimum one acre lots and designated for a fixed number of lots for single family homes
with large areas of open space/slopes within the subdivision (as evidenced by EIR 236, Exhibit C of
Tentative Tract Map No. 10996, Orange County Board of Supervisors Resolution No. 80-1407, and the
Hidden Canyon Estates Homeowner's Association CC&R's).
9. That the design of the proposed parcel map is not consistent with applicable General and
Specific Plans.
10. That the site is not physically suitable for the proposed type of development.
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11. That the site is not physically suitable for the proposed density of development because
the proposed parcels (0.67 and 0.60 acres in size) are smaller than any of the lots in the area (1 acre
being the smallest existing lot) and significantly smaller than the average lot size (4.83 acres) in the
project area as originally approved and developed.
12. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
13. That the proposed parcel map is not consistent with the hillside character and density of
the neighborhood and the larger surrounding area, including Weir Canyon.
14. That approval of this proposal would adversely impact area property owners who relied
on the CC&R's and on the hillside character, residential densities and open spaces which were
established by development of the area as originally approved in connection with Tract No. 10996 as part
of the Anaheim Hills Planned Community.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal to establish a 2-lot single-family residential subdivision in the RS-HS-22,000(SC)
(Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone on 1.27 acres located at the
northeast corner of Tamarisk Drive and Avenida De Santiago, having frontages of 338 feet on the north
side of Tamarisk Drive and 76 feet on the east side of Avenida De Santiago, and further described as
1110 Tamarisk Drive; and does hereby approve the Negative Declaration upon finding that she has
considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to deny Tentative Parcel
Map No. 2000-129.
This decision is made, signed, and entered into the file this 31st day of August, 2000.
-~2 ~ ~ -t~ ~~C~~~ ,
Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 10 days of the date of the signing of this decision or
unless members of the City Council shall request to review this decision within said 10 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: August 31, 2000 ~' '
ielle Masciel, Word Processi g Operator
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
September 26, 2000
Walt Disney World Company
1375 Buena Vista Drive
Lake Buena Vista, FLA 32830
Walt Disney Imagineering
Attention: Douglas Moreland
1401 Flower Street
Glendale, CA 91221-5020
Re: ~ecial Circumstances Waiver No. 2000-05 -APPROVED
On September 21, 2000, Annika M. Santalahti, Zoning Administrator, considered your request for Special
Circumstances Waiver No. 2000-05 on property located at 700 West Ball Road (approximately 3 acres
located on the south side of Ball Road opposite Ox Road, between West Street and the I-5/Santa Ana
Freeway). The request is for the continued use of a temporary tent and two temporary signs from October
11, 2000 through December 31, 2000, for the purpose of directing job applicants and processing job
applications for Disney's California Adventure Theme Park.
The Zoning Administrator made the following findings:
1. That approval of special circumstances waivers (allowing modification and/or waiver of
regulations pertaining to special events) is authorized by Subsection 18.02.055.080 "Zoning Administrator
Review" (of Special Events Permits) and Section 18.12.085 "Special Event Permit -Review" of the Anaheim
Municipal Code.
2. That during calendar year 2000, four special event permits have been issued for this location
and address, the last one ending on October 10, 2000.
3. That this request is for waivers of Code subsections 18.02.055.060.0607 and
18.02.055.060.0608 (maximum nine consecutive days permitted for each special event permit and maximum
four special event permits permitted for a specific location during any calendar year, for a total of 36 days per
calendar year) to permit an additional 82 days (October 11 through December 31, 2000).
4. That this request is specifically described in a letter dated September 13, 2000 submitted by
John Graves, Walt Disney Imagineering, and in the Staff Report to the Zoning Administrator dated
September 21, 2000, and is shown on the submitted exhibits, Nos. 1-3 (map and site plans), Nos. 4-8
(photographs of the tent) and Nos. 9-10 (photographs of the signs) on file with the Planning Department.
5. That the property is located in the Theme Park District of The Disneyland Resort Specific
Plan No. 92-1, where employment operations are a permitted use in back-of-house areas; and that allowing
certain temporary employment operations to be conducted in an outdoor tent will provide the necessary
short-term capacity to process an anticipated high number of job applicants for the new California Adventure
Theme Park in an efficient and timely manner.
6. That the tent (3,234 square feet, 14 feet high) is screened from the public's view by
perimeter landscaping, fencing and the adjacent elevated Baii Road overpass and, therefore, placement and
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
DRUG USE
IS
IFE ABUSE
• •
use of the tent is not in conflict with, and will not adversely affect, surrounding properties and uses in The
Anaheim ResortTM' Specific Plan or in The Disneyland Resort Specific Plan.
7. That the two temporary signs located on each side of the driveway ("Cast Place") on Ball
Road clearly and efficiently direct job applicants to, and on, the site in a manner which will not adversely
affect traffic operations on Ball Road; and that the temporary signs do not contribute to sign clutter because
there are no other signs at the southwest and southeast corners of Ball Road and Cast Place.
8. That the City Traffic and Transportation Manager has reviewed the tent's location and
determined that it does not adversely impact on-site vehicle circulation; that the 16 employee parking
spaces displaced by the tent are replaced by parking spaces elsewhere (at the "Mickey and Friends" parking
structure on Disneyland Drive); and that on-site parking for job applicants is provided in nearby surface and
structured parking facilities.
9. That approval of this special circumstances waiver, to permit nine additional outdoor special
event permits, for a total of 13 special events during the calendar year 2000, serves the public interest and
general welfare by facilitating the efficient and timely processing of job applicants.
Based on the above-findings, Special Circumstances Waiver No. 2000-05 is hereby approved, subject to the
following conditions:
That this approval is for nine (9) additional special event permits (i.e., 82 additional days) from October
11, 2000 through December 31, 2000; and that the tent and signs shall be promptly removed, and the
underlying areas returned to their prior condition, following the last day of this approval.
2. That this approval is limited to the tent and two temporary signs shown on Exhibit Nos. 1 through 10,
submitted by the applicant and on file with the Planning Department.
3. That the applicant shall maintain the tent and the two directional signs on Ball Road in good repair at all
times; and that the wording on the signs shall be limited to "Disneyland Resort, Casting, This Way."
4. That not less than five (5) days prior to October 11, 2000 (the commencement date of the additional
permits authorized by this special circumstances waiver), the applicant shall apply for and obtain a
special event permit from the Planning Department for each of the nine (9) additional special events.
5. That the outdoor events and the various activities associated with Special Circumstances Waiver No.
2000-05 shall comply with all the standards and requirements set forth in Section 18.02.055 "Special
Event Permit -General" of the Anaheim Municipal Code unless otherwise specifically provided herein,
including that any activities associated with this special circumstances waiver shall not be conducted
before 7:00 a.m. nor after 10:00 p.m., in compliance with Subsection 18.02.055.0606.
This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal
fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless members of the City
Council request review of this decision within said 10 days.
If you have any questions, please contact David See, Associate Planner, Zoning Division, at (714) 765-5139.
Sincerely,
. ~~~
Danielle Masciel
Word Processing Operator
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