Resolution-ZA 1988-23• •
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-23
PETITION NO.: VARIANCE N0. 3781
CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 3
DATE OF PUBLIC HEARING: April 21, 19$8
OPPOSITION: There were two people indicating their presence in opposition,
and no correspondence was received.
OWNERS: JACK G. SALYER AND CHRISTINE R. SALYER, 1$082 Lantana Drive,
Yorba Linda, CA 92686
AGENT: THOMAS Q. NICHOLSON, 315 Black Oak Road, Anaheim, CA 92807
LOCATION: 5106 East Crescent Drive
REQUEST: Petitioner requests waivers_of the following under authority of
Code Sections 18.12.060.040 and 18..12.060.050 to construct a 2 and
3-story single-family residence:
(A) SECTION 18.84.042.011 -Maximum Structural Height.
25 feet permitted in the Scenic
Corridor; 43 feet to chimney top
and 40 feet to roof peak proposed)
(B) SECTION 18.22.063.010 - Minimum Front Setback.
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:
1. That Waiver (A) is hereby approved on the basis that the proposal
(consisting of a portion of the roof ridgeline and 2 chimneys) will have
minimal visibility from nearby dwellings and the private access drive
because of the grade differences between Subject property and adjoining
parcels (ranging from 3 to 5 feet higher than the parcels to the north
and east, and 7 to 18 feet lower than the parcels to the south and. west);
because the proposed dwelling is less than 24 feet high as viewed from
the south; because only, the northerly portion of the house exceeds 25
feet in height with the northerly elevation having the greatest visual
difference between finished grade and roof ridgeline. (40 feet from grade
to .highest roof. ridgeline, and 42 feet to top of chimney); because the
east and west building elevations are split level with building heights
ranging from 18 to 34 feet along the west elevation,. and 18 to 43 feet
(chimney) along ,the east elevation; and that the submitted plans will be
modified to show a maximum building height of thirty (30) feet from
finished. grade to roof ridgeline along the west elevation of the house
which is the ,only side visible from the private"access drive along the
west property line.
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Variance No. 3781
2. That Waiver (B) is hereby denied on the basis that the need for said
waiver was eliminated after the public advertisement.
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 construct a 2 and 3-story single-family residence
on an irregularly-shaped parcel of land consisting of approximately 1.0 acre
having a frontage of approximately 200 feet on the east side of a private..
access easement from Crescent Drive, having a maximum depth of approximately
151-.feet and being located approximately .131 feet south of the centerline of
Crescent Drive and 230 feet east of the centerline of Crisalta Way and further
described as 5106 East Crescent Drive; 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. 3781, 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 prior to issuance of a building permit,. the owner of .subject
property .shall pay the .appropriate .drainage assessment fees to the City
of Anaheim in an amount as determined by the City Engineer.
5. 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 the owner/developer in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
6. That subject property authorized by this resolution shall be served by
underground utilities.
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Variance. No. 3781
7. 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.
8. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012,
no roof-mounted equipment, whatsoever,. shall be permitted.
9. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. l through•6;>provided, however, that the west elevation shall be
revised so that the maximum building height as seen from the adjacent
private drive .shall .not exceed thirty (30) feet between finished grade
and roof 'ridgeline. The chimneys may exceed said limitation.
10. 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. l through 4, 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.
11. That prior to final building and zoning inspections, Condition Nos. 6 and
9,,above-mentioned, shall be complied with.
12. 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.
13. That revised plan(s) shall be submitted within three (3) weeks from the
date of this written decision, showing the revised west elevation, as
specified in Condition No. 9, above.
This decision is made, signed, and entered into the file-this twenty-eighth
day of :April, 1988.
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 davs 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 MAILS I do hereby declare under penal y. 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 City ,Clerk.
DATED: ~~ ~ ~~~,1~~!</f9/.
Pamela H. Starnes, Senior Secretary
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3 ZA 88-23