ZA 1987-28
DECISION OF THE ZONING ADMINISTRATOR-,-__ZA 87-28
-PETITION NO.: VARIANCE N0. 3709 EIR STATUS: CATEGORICAL EXEMPTION -
CLASS 5
DATE OF PUB IC HEARING: October 8. 1987
OPPOSITION: No. of people attending public hearing: 3;
Correspondence: 1 letter
OWNERS: P ALTA LTD., 3450'E. La Palma Avenue, Anaheim, CA 92806
AGENT: PAUL D. AND DIANE WILLIAMSON, 3450 E. La Palma Avenue,
Anaheim, CA 92806
LOCATION: Lot 32 Tract No. 12576 (the northeasterly corner of Copa De
Oro Drive and Nohl Ranch Road
REQUEST: Waivers of a) maximum structural height :and (b) minimum rear
yard setback to :construct a wo-story, 35-foot high-
single-family esdence.
Having 'been appointed Zoning Adm'nistrator pursuant to Anaheim Municipal Code
Section-18.12.060, to decide the bove-referenced petition and a public
hearing having been duly noticed f r and held on the"date set forth above, I
do'hereby find, that:
`1. That there are special circumsta es; applicable to the property such as
size, shape, topography, location r surroundings,°which do not apply to
other..identically zoned, properties 'n the vicinity which warrant granting:
of the minimum rear yard setback wai er since the question `as to which
side is the rear yard is a-matter of nterpretation.-
2. That .strict"application of the Zoning C e deprives the property of
privileges enjoyed by other.properties in identical zoning classification
in the vicinity.
3. That waiver. (a) pertaining'to maximum struct ral height is granted, in
part, to-.permit the ridgeline of the roof_to a no more than a maximum of
30 feet high, rather than 35 feet-'as requested, on the-basis that the lot
is ,basically flat and there are no ,special circ stances applicable to
the property ;which do not apply to other dentica ly zoned properties in
the vicnity'and denial does`not deprive the prope ty of privileges
enjoyed `by other .properties in the same zone and''vi inity.
4. That granting'a waiver of maximum structural height-to 35 feet high could
set an :undesirable precedent; in the hill.. and canyon. are .
ENVIRONMENTAL IMPACT REPORT STATUS: That'the Planning Direct or his
authorized representative has determined that the proposed proje t falls
.within the>definition of Categorical Exemptions, Clans 5, as defi ed in the
State Environmental Impact Report Guidelines and is, therefore, ca gorically
exempt from the requirement to prepare. an EIR.
0078T -1- P 87-28
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Page 2
V ranee No. 3709
Bas d on the evidence and testimony presented to me, I do hereby determine to
appr Ve Variance No. 3709, In Part, 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
rogram-for the Foothill/Eastern Transportation Corridor, as
a roved by City Council Resolution No. 85R-423.
2. That rior to issuance of a building permit, appropriate park and
recce ion in-lieu fees shall be paid to the City of Anaheim in an
.amount s determined by the City Council.
3. That-prior to issuance of a building permit, the appropriate
traffic sig l assessment fee shall be paid to the City of Anaheim
in'an amount s'determined by the City Council.
4. That drainage of subject property shall be disposed of in a manner
"satisfactory to th City.>Engineer.
5. That subject property shall be served by underground utilitiesc
6. That prior-to commenceme t'of structural framing, fire hydrants
shall be installed and cha ged as required and determined to be
necessary by the Chief of t Fire Department.
7. That. plans sha1T be submitted the Building Division showing
compliance with the minimum stan ards of the City of Anaheim,
including the Uniform Building, P umbinq, Electrical, Housing,
Mechanical and Fire Codes as adopte by the City of .Anaheim. The
appropriate permits shall be obtaine for any necessary work.
8. That, as specified in Anaheim Municipal Code.Section No.
78.84.041.012, no roof=mounted equipment whatsoever, shall be
permitted.
9. That any specimen tree removal shall be subj ct to the tree
preservation regulations in Chapter 18.84 of t e Anaheim Municipal
Code, the "SC" Scenic Corridor Overlay Zone.
10. That subject property-shall be developed substanti ly in'
accordance with plans and specifications on file wit the City of
Anaheim marked Exhibit Nos. 1 through 5; provided, ho ver, that
the maximum building height shall be reduced to thirty. 30) feet
measured ;from the highest finished grade level at'the fo dation to
the -highest ridge' `line.
11. That prior to issuance of a building permit, or within a peri d of
one year from the date of-this decision, whichever occurs firs ,
Condition Nos. 1, 2, 3 and 7, above-mentioned, shall be complie
with. Extensions for further time to complete said conditions ma
be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
•
\ge 3
Variance No. 3709
12. ~~~That prior to final building and ,zoning inspections, Condition Nos.
~y, 5 and 10, above-mentioned, shall be complied with.
13.. That proval of this application: constitutes approval of the
propose request only to the extent that it complies with the
...Anaheim nicipal Zoning Code and any other applicable City
regulation :Approval does not include any action or findings as
to compliance or approval of the .request regarding any other
applicable ordi ance, requlation or requirement.
This decision is made, 'signed, an entered into the file this 12th day of
.October, 1987.
~=~_ ,/
A nika M. Santalahti ~/
Zo ing,Administrator
NOTICE: 'This decision shall become final un ess an appeal to the City
Council, in writing, accompanied by an appeal ee, is filed with the City
Clerk within 15 days of the date of the sgnin of this decision or unless a
member of the City Council shall request to revi w this decision within said
T5 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare nder;penaltg of perjury.
that on the date set forth below, I did :deposit, in th US Mail, a copy of the
decision to the applicant and did forward a:copy to the ity Clerk.
DATED: ~~ ~ r
3 ZA 87-28
DECISION OF THE ZONING ADMINISTRATOR - ZA 87-28
PETITION NO.: VARIANCE N0. 3709 EIR STATUS: CATEGORICAL EXEMPTION -
CLASS 5
DATE OF PUBLIC HEARING:. October 8, 1987
OPPOSITION:. No. of people attending public hearing: 3;
Correspondence: 1 letter
OWNERS: PERALTA LTD., 3450 E. La Palma Avenue, Anaheim, CA 92806
AGENT: PAUL D. AND DIANE WILLIAMSON, 3450 E. La Palma Avenue,
Anaheim, CA 92806
.LOCATION: Lot 32 of Tract No. 12576 (the northeasterly corner of Copa De
Oro Drive and Nohl Ranch Road
REQUEST: Waivers of (a) maximum structural height and (b) minimum rear
yard setback to construct a two-story, 35-foot high
single-family residence,
Having been appointed Zoning Administrator, pursuant to Anaheim Municipal Code
Section 18.12.060, to decide he above-referenced petition and a public
hearing having been duly noticed for-and held on he date set forth above, I
do hereby ,find, that:
1`. That there are special circumstances applicable to the property such as
size, Nape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity which warrant granting
of the minimum rear yard setback waiver since the question as to which
side is the rear yard is a matter of-interpretation.
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 waiver (a) pertaining to maximum structural height is granted, in
part, to permit the ridgeline of the roof to be no more than a maximum of
30 .feet high, rather than-35 feet as requested, on the basis that .the lot
is basically flat and there are no species circumstances applicable to
the property which do not apply to other identically .zoned properties in
the vicinity and denial does not deprive the 'property of privileges
enjoyed by other properties in .the same zone and vicinity.
4. That waiver (b) pertaining. to minimum rear yard setback is granted to
permit a 10-foot setback to the closest dwelling wall, on the basis that
the lot is irregularly-shaped and that only a corner of the house
projects into the rear yard.
5. That granting a waiver of maximum structural height 'to 35 feet high could
set an undesirable precedent in the hill and canyon area.
0078T -1- PC87-28
•
Page 2
Variance No. 3709
ENVIRONMENTAL IMPACT REPORT STATUS: That .the Planning Director or his
authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions,Class 5, as defined in the
State Environmental Impact Report Guidelines and is, .therefore, categorically
exempt from the requirement o prepare an EIR. '
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3709, In Part, 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, 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 drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
5. That subject property shall be!served by underground utilities.
6. 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.
7. .That plans shall be .submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Housing,
Mechanical and Fire Codes as adopted by the .City of Anaheim. The
appropriate permits shall be obtained for any necessary work.
8. That, as specified in Anaheim Municipal Code Section No.
18.84.041.012, no roof-mounted equipment, whatsoever, shall be
permitted.
9. 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.
10: 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
the maximum building height shall be reduced to thirty (30) feet
measured from the highest finished grade level at the foundation to
the highest ridge line.
2 ZA 87-28
s
Page 3
Variance No. .3709
11. That prior to issuance of a building permit, or within a period of
one year from the date of this decision, whichever occurs first,
.Condition Nos. 1, 2, 3 and 7, above-mentioned, 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.
12." That prior to final building and zoning inspections, Condition Nos.
4, 5 and 10, above-mentioned, shall be complied with.
13. 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 .file this 13th day of
October, 1987.'`
e`~l ~ ~2i2~
nnika 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: ~- ~ !~~f' ~~' ~2e..; /\ ~ ~_ r
3 ZA 87-28