Resolution-ZA 1988-09. • •
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-09
PETITION NO.: VARIANCE N0. 3761 CEQA STATUS:. CATEGORICAL EXEMPTION -
CLASS 3
DATE OF PUBLIC HEARING: March 10, 1988.
OPPOSITION: No one indicated their presence in opposition; 2 letters in
opposition were received.
OWNERS: HAROLD ABEDOR AND JOAN-DEAN ABEDOR, 2114 Spring Oak, Yorba Linda,
California 92686
LOCATION: 7485 Hummingbird Circle
REQUEST: Waiver of maximum structural height to construct a 40-foot high,
single-family residence.
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code. Section 18.12.040, 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, that:
1. That the waiver is for a roof ridgeline which does not exceed 35 feet in
height and a,chimney which is 40 feet high;
2. That the waiver has a minimal effect on surrounding properties because
subject property consists of a graded pad which is at least ten feet
higher than the adjacent residential lots and street to the east, south
and southwest; that existing area dwellings are located at least 200 feet
away at grades exceeding 50 feet higher or lower than subject property;
and that the adjacent property to the northwest is _a 300-foot wide
.Southern California Edison Company easement containing major transmission
lines and 'towers.
3. 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: 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 waive maximum structural height to construct a
40-foot high single-family residence, on an irregularly-shaped parcel of land
consisting of approximately 0.5 acre located at the terminus of Hummingbird
Circle, having a frontage of approximately 70 feet on the north side of
ZA88-09
4~ia
Page 2
Variance No. 3761
•
Hummingbird Circle, having a maximum depth of approximately 221 feet and being
approximately 1200 feet northeast of the centerline of Fairmont Boulevard and
further described as 7485 .Hummingbird Circle; and the Planning Director or his
authorized representative has determined that-the proposed project falls
within. the definition of Categorical Exemptions, Class 3, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
.requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3761, 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 subject property shall be served by underground utilities.
5. That prior to issuance of a building permit the appropriate fees due for
,.primary water service 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.
6. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
no roof-mounted equipment, whatsoever, shall be permitted.
7. That this Variance is granted subject to the adoption of the Zoning
Ordinance in connection with Reclassification No. 76-77-40, now pending.
8. 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.
ZA88-09
~ ..Y
Page 3
Variance No. 3761
9. 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, 5, 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.
10. That prior to final building and zoning inspections, Condition Nos. 4 and
8, above-mentioned, shall be complied with.
11. 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 seventeenth day
of March, 198.8.
e /
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 United States Mail, a
copy of the decision to the applicant and did-forward a copy to the Gity Clerk.
DATED : ~ Q~ °O
G /`Y
Pamela H. Starnes, Senior Secretary
'0788p
ZA88-09