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2000-216RESOLUTION NO. 2000R-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING TENTATIVE PARCEL MAP NO. 2000-129 WHEREAS, the City of Anaheim did receive an application from the owner of certain real property located at 1110 Tamarisk Drive, Anaheim, California, for the approval of Tentative Parcel Map No. 2000-129 to permit a 2-lot single-family residential subdivision in the RS-HS-22,000(SC) (Residential, Single-Family Hillside - Scenic Corridor Overlay) Zone; and WHEREAS, pursuant to Anaheim Municipal Code Section 18.12.040, the Planning Director appointed the City Zoning Administrator to decide the above application; and WHEREAS, the Zoning Administrator held a duly noticed public hearing on said application on August 31, 2000, and denied Tentative Parcel Map No. 2000-129; and WHEREAS, thereafter, within the time provided by law, the applicant property owner did appeal the decision to the City Council and the City Council, on October 10, 2000, did conduct a duly noticed public hearing on said appeal; and WHEREAS, the applicant failed to appear at said hearing and the City Council did receive written correspondence from property owners in the vicinity of the proposed subdivision opposing the application; and WHEREAS, the City Council hereby finds as follows: 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 ("EIb') 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 CC&R's prohibit further subdivision. 3. That, 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, 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, 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: (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 iow 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. 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. NOW, THEREFORE, BE IT RESOLVED that, for the reasons hereinabove set forth, Tentative Parcel Map No. 2000-129 be, and the same is hereby denied. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this l0th day of October, 2000. ATTEST: C~TY CLERK OF THE CITY OF ANAHEIM 37935.1 STATE Of CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby cedify that the foregoing Resolution No. 2000R-216 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of October, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL) CITY CLEI~K OF THE CITY OF ANAHEIM