ZA 1987-15~ ~
DECISION OF THE ZONING ADMINISTRATOR - ZA 87-15
PETITION NO.: VARIANCE NO. 3678 EIR STATUS: NEGATIVE DECLARATION
PUBLIC HEARING DATE: August 27, 1987
OPPOSITIONt No. of people attending public hearing held on August 27th, 1;
3 persons attending the hearing held on August 3, 1987;
Correspondence 3 letters..
OWNERS: DONALD J. STOLO AND CHARLENE STOLO
10113 East Whittier Boulevard
Whittier, CA 90606
AGENT: B.E. BLANK, CIVIL ENGINEERS
P,. O. Box 6302
Anaheim, CA 92816
ATTN:'-BRUCE BLANK
LOCATION:. 7581 Martella Lane
REQUEST: Waivers 'minimum Iot area and minimum lot width to establish a
2-lot, RS-HS-22,0,00(SC)'-Zone single-family residential
. subdivision....
.Continued from the meeting of August 3, 1987 at the petitioner's request in
order to submit additional exhibits.
Having been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim-Municipal Code Section 15.12..060, to decide
the above-referenced pet it ion. and a:public hearing having been duly noticed
for and ...held on`the date set forth above, i do hereby find, that;
1. That there are special circumstances,appli.cable to the property such as_
` size, shape, topography with a substantial grade differential,`location
or surroundings, which do not apply to other identically zoned properties
in the vicinity; and
2. That strict application. of the Zoning Code deprives he property of
privileges enjoyed by other properties in identical zoning classification
in' the vicinity.
3. That the requests are minimal based`on thesubstantial grade
differentials between subject property .and its neighbors and that
petitioner has stipulated to recording deed restrictions limiting future
building heights=on said property.,
ENVIRONMENTAL IMPACT ANALYSIS: That the Zoning Administrator has reviewed the
`proposal to establish a 2-lot, RS-HS-22,OOD (SC) Zone, single-family
residential subdivision with waivers of.minimum lot area and minimum lot width
on an irregularly-shaped parcel of land consisting of approximately 126 feet
on the north side of Martella Lane, approximately..850°f eet east of the
centerline of Martin Raod and further described as 7581 Martella Lane; and
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Variance No. 3678
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
approve Variance No. 3678, subject to the following conditions; as mod if ies:
1. .That prior to issuance of a building permit, the appropriate major
thoroughfare and bridge fee shall be paid to .the City of Anaheim in an
.amount as specified in the Major thoroughfare and Bridge Fee Program for
the Foothill/Eastern Transportation Corridor, as approved by Czty Council
Resolution No. 85R-423.
2. That prior to final map approval, appropriate park and recreation in-lieu
fees shall be paid. to the City of Anaheim in an amount as determined by
the City Council.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by the City Council.
4. That prior to issuance of a building permit, the owner of subject
property. shall pay the appropriate drainage assessment and sewer
assessment `fees to the City of Anaheim in an amount as determined by the
City Engineer.
5. That drainage of subject property shall be disposed of in a manner
sat isf actory to the City Engineer .
6. That a parcel map to record the approved division of subject property
shall be submitted to and approved by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
7. That prior to commencement of structural framing, fire hydrants shall be
installed and charged as required and determined to be necessary by the
Chief of the Fire Department.
8. That the two lots shall be served bg underground utilities.
9. That the owner of subject property shall make an irrevocable offer of
dedication fora ten (10) foot wide hiking and equestrian trail easement
to the City of Anaheim. Said easement shall extend the entire length of
the westerly-and northerly property lines and `shall be designed in a
manner sat isf actory to the City of Anaheim Parks and Recreation
Department. Determination by the City Parks and Recreation, Department as
to whether the easement is to be accepted by the City shall be made
within a period of one (1) year from the date the parcel map is recorded.
0040T 2 ZA 87-15
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Variance No. 3678
10. That a bond in an amount as determined by the Parks and Recreation
Department shall be posted with the City to guarantee the improvement of
the hiking and equestrian trail described in Condition No. 9, herein.
.Said trail shall be improved to the satisf action of the Parks and
Recreation Department prior to occupancy of any dwelling unit on subject
.property. In connection with Condition No. 9, herein, if the City
determines the trail is not necessary, petitioner may request and receive
release of this bond.
11. That grading, excavation, and all other construction activities shall be
,conducted in such a manner so as to minimize the possibility of any silt
originating from this project being carried into the Santa Ana River by
storm water originating from or flowing through this project.
12. That the property owner shall furnish to the City of Anaheim an agreement
in a form to be approved by the City Attorney agreeing to complete the
public improvements required as conditions of this parcel map at the
owner's expense. Said agreement shall be recorded concurrently with the
final parcel map and is not to be subordinate to any recorded encumbrance
against the property.
13. That prior to issuance of a building permit the appropriate fees due for
primary, secondary and fire protection shall be paid to the Water Utility
Division by the owner/developer in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules .and Regulations.
14. That prior to issuance of a building permit a special assessment fee in
the amount of 652.00 per acre, for upgrading the former Walnut Canyon
Water System, shall be paid by the owner/developer to the Water
Engineering Division.
15. That any specimen tree removal shall be subject to the tree preservation
regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC"
Scenic Corridor Overlay Zone.
16. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012,
no roof-mounted antenna or equipment, whatsoever, shall be permitted.
17. That in connection with or prior to recordation of a parcel map, the
property owner shall prepare and record a deed restriction or easements
to establish the following development restrictions on subject property:
(a) Establish a minimum twenty (20) foot wide building setback along
the entire west property line;
(b) Limit the maximum building height on proposed Parcel No. 1 so that
the highest ridgeline is no more than twelve (12) feet higher than
the existing graded pad of adjacent Parcel No. 4 of Parcel Map No.
61-37 (this restriction is illustrated on approved Exhibit No. 4)
)and
0040T 3 ZA 87-15
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Variance No. 3678
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(c) Limit the maximum building height on proposed Parcel No. 2 so that
the highest ridgeline is no more than four (4) feet higher than the
existing patio grade of adjacent Parcel No. 1 of Parcel Map No.
61-37 (this restriction is illustrated on approved Exhibit No. 5).
If the property owner chooses to record a covenant with deed restrictions
instead of .establishing restrictive easements on the parcel map, said
restriction must be approved as to form and content by the City Attorney
prior to recordation. A copy of the recorded covenant must then bye
furnished to the Planning Department prior to approval of the final
parcel map.
18. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 5; provided, however, that a minimum twenty (20) foot
building setback (not including fences) shall be established along the
.entire west property line; and that building .heights shall be restricted
as described in Condition No. 17 herein.
19. That prior to final parcel map approval, Condition Nos. 2, 9, 10, 12, and
17, above-mentioned, shall be complied with and set forth on the face of
the final map in a f orm satisfactory to the City Engineer.
20. That approval of this application. constitutes approval of the proposed
-request only to the extent that it complies-with the Anaheim Municipal
Zoning Code and any other applicable City regulations. Approval does not
include any action or findings as to compliance or approval of the
request regarding-any other applicable ordinance, regulation or
requirement..:
This decision is made, signed, and entered into the f file this 2nd day of
September, 1987.
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City
Counc il, in writing, accompanied by an appeal fee, is filed with the City
Clerk within 15 days of the date of the signing of this decision or unless a
member of the City Council shall request to review this decision within said
15 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 US Mail, a copy of the
decision to the applicant and did forward a copy to the City Clerk.
DATED: ~~~
0040T 4 ZA 87-15