ZA 1987-21.. ~ ~ •
DECISION OF THE ZONING ADMINISTRATOR - ZA 87-21
PETITION NO.: VARIANCE N0. 3699. EIR STATUS: NEGATIVE DECLARATION
PUBLIC HEARING DATE: September 10, 1987.
OPPOSITION: No. of people attending public hearing 2; Correspondence 1
Two interested persons attended public hearing, not really
opposed, but wanted view to the east minimized.
OWNERS: TAIYO INVESTMENTS USA, A CALIFORNIA CORPORATION, 19750 S.
Vermont Avenue, Suite 145, Torrance, CA 90502, ATTN: HIROYUKI
ISHIZUKA
AGENTS: JOHN BATES ASSOCIATES, INC., 5031 Birch Street, Newport Beach,
CA 92660, ATTN: LARRY KWIATKWOWSKI
LOCATION: Approximately_33.9 acres north of the northwesterly
corner of Via Arboles and Ramsgate Drive (Tract 9524)
REQUEST: Waiver of maximum structural height to construct 49, two-story,
single-family residences. ranging in height from 26 to 38 feet.
Having been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim Municipal Code Section 18.12.060, to decide
the above-referenced petition and a public hearing having been duly noticed
for and held on the date set forth above, L do hereby find, that:
1. That there are special circumstances applicable to the property such as
size, shape,.. topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity;
2. .That. strict application of the Zoning .Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity;
3. That the structures are. proposed on split level lots, with a portion of
the structures being positioned into hillsides; with the highest walls
being on the lowest grades; and that averaging the structural heights of
each ,dwelling results in the majority of the structures not exceeding the
code limit; and
4. That the structures are stepped .down the hillside to minimize the visual
impact on the areas below; and because of the substantial grade
differences, there will be no visual impact on any nearby residences.
That Lot No. 16 which will contain the dwelling with the most significant
height waiver is also the lot with the greatest setback (over 100 feet)
from adjacent existing residences.
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Page 2
Variance 3699
ENVIRONMENTAL IMPACT ANALYSIS: That the Zoning Administrator has reviewed the
proposal to construct 49 two-story, single-family residences ranging in height
from 26 to 38 feet with waiver of maximum structure height on an
irregularly-shaped parcel of land consisting of approximately 33.9 acres
located north of .the northwesterly corner of Via Arboles and Ramsgate Drive
and being located approximately 1950 feet east of Anaheim Hills Road and
further described as Tract No. 9524; 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
approve Variance No. 3699, subject to the following conditions:
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 City Council
Resolution No. 85R-423.
2. 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.
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 all lots within subject tract authorized by this resolution shall be
served by underground utilities.
5. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012,
no roof-mounted equipment, whatsoever, shall be permitted.
6. 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 19.
7. That prior to the commencement of the activity authorized by this
resolution, or prior to issuance of a building permit, or within a period
of one. year from the date of this resolution, whichever. occurs first,
Condition Nos. 1, 2, 3, and 10, herein, shall be complied with.
Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
8. That prior to final building and zoning inspections, Condition Nos. 4 and
6, above-mentioned, shall be complied with.
0057T 2 ZA 87-21
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Page 3
Variance No. 3699
9. 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.
10. That prior to issuance of a building permit, the developer shall provide
evidence that Conditions 4 and 5 of Tract Map No. 9524 (pertaining to
"covenants, conditions and restrictions" and a synoposis of the operating
corporation) (copied below) have been satisfied.
4. That any proposed covenants, conditions, and restrictions shall be
submitted to and approved by he City Attorney's Office prior to
City Council approval of the. final tract map and, further, that .the
approved covenants, conditions, and restrictions shall be recorded
concurrently with the final tract map.
5. That prior to filing the final tract map, the applicant shall
submit to the City Attorney for approval or_denial a complete
synopsis of the proposed functioning of the operating corporation
including, but: not limited to, the articles of incorporation,.
bylaws, proposed methods of management, bonding to insure
maintenance. of common property and buildings, and such other
.information as the City Attorney may desire 'to protect the City,
its citizens, and the purchasers-of the project.
This decision is made, signed, and entered into the file this 15th day of
September, 1987.
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 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 e ~~.C ~u.l~ ~7~ 7 ~o ~~ ~ ~ f
0057T 3 ZA 87-21