ZA 1987-38DECISION OF THE ZONING ADMINISTRATOR - ZA 87-38
PETITION NO.: VARIANCE N0. 3731 CEQA STATUS: NEGATIVE DECLARATION
.DATE OF PUBLIC HEARING: December 3, -1987, Continued to December 17, 1987
OPPO5ITIONt No. of people attending public hearing 0; Correspondence: 0
OWNERS: KANG-SHEN CHEN AND SHU-JEN CHEN, 1230 Maple Tree Court,
La Habra, CA 90631
AGENT: RICHARD HULL, 400 West Lambert Road, #E, Brea, CA 92621
LOCATION: 6984 East Overlook Terrace
REQUEST: Waivers of (a) minimum structural setback and (b) maximum
structural height to construct a 2-1/2 story, 36-foot high
single-:family residence.
Havinq been appointed Zoning Administrator by the,birector 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, I do hereby find:
1. That the proposal to;construct a 2-1/2 story, 36 foot high single-family
residence with waivers of maximum structural setback (15 feet required; 9
feet proposed) and maximum structural height (25 feet permitted; 36 feet
proposed is authorized by Code Sections 18.22.063.010, 18.12.060.040 and
18.84.042.011.
2. That waiver (b) maximum structural height is granted: in part, to permit
either (a) a 36-foot high dwelling with no windows above the 25-foot
height level or (b) a 30-foot high dwelling with ,windows above the
25-foot height level.
3. That there are. special. circumstances applicable to the property which is
substantially below he`grade of adjacent streets and properties, and
that the setback waiver is from a non-public water district easement,<
which circumstances do not apply to other identically zoned properties in
the `vicinity; and
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to-construct a 36-foot high, 2-1/2 story
..single-family residence with waivers of minimum structural setback, and
maximum structural. height: on an.irregularly-shaped parcel of land consisting
of ..approximately 2.45 acres located approximately .200 feet southwest of the
intersection of Hidden Canyon Road and Overlook Terrace, having a frontage of
approximately 386 feet on the southeast side of Overlook Terrace, having a
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Variance. No. 3731
maximum depth of approximately 484 feet-and further described as 6984 East
Overlook Terrace; and does hereby approve the Negative Declaration upon
finding that. she has considered the Negative Declaration together with
anycomments 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. 3731, in part, subject to the. following conditions:
1. That prior to rendering of water service, the appropriate fees due
for primary, secondary and fire, protection shall be paid to the
Water Utility Division by he owner/developer in accordance with
Rules 15A and 20 of the Water Utility Rates, Rules and Regulations.
2. That any alteration to the existing riding and hiking trail
easement 'shall be subject to the, review and. approval of the Parks.
and Recreation Department.
3. That<prior to issuance of a building permit, the appropriate major
thoroughfareWand 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.
4. That prior to'issuance of,a'buildng 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.
5. 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..
6., That drainage of subject .property shall be disposed of in a manner
satisfactory to the City Engineer.
7. That subject .property shall be served by underground utilities.
8. 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.
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.
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Variance No. 3731
10. That, as specified in Anaheim Municipal Code Section No.
18.84.041.012, no roof=mounted equipment, whatsoever, shall be
permitted.
11. 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,6; provided, however, that
the color of the dwelling shall be off-white or beige stucco walls
.with ared/brown Spanish-style clay roof and that the building
height shall be eitheri(a) thirty six (36) feet. with no windows
above the twenty five (25) foot level or (b) thirty (30) feet with
windows above the 25-foot level.
12. 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. 2, 3, 4 and 5,,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.
13. That prior to final building and zoning inspections, Condition Nos.
6, 7,' 10 ..and ll,,above-mentioned,: shall be complied with.
14. 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.
15. That the Archiological Site.ORA-32.1, identified on Exhibit No. 1,
shall. be maintained as-an:"open `space easement for resource
preservation purposes" and that, if the propoerty owner wishes to
install any'fencingwhich in any 'way affects said easements, she/he
must..first obtain'a Public Property Permit from the Department of
Harbors, Beaches, and ,Parks of the Orange County Environmental
Management Agency.
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Variance 3731
This decision is made, signed, and entered into the file this 23rd day of
December, 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.
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DATED : d ~ / / (/ ~ ~~~~~~''~~AQ'~ ~~ ~~~'~~" "" " Ll~,d~
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