Resolution-ZA 1988-32~ •
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-32
PETITION NO.: VARIANCE N0. 3792
CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: May 19, 1988
OPPOSITION: No one indicated their presence at the public hearing and no
correspondence was received.
OWNER:. KENNETH ROBERT WOOD AND JANICE REIHMER WOOD, P.O. Box 6087C-243,
.Anaheim, CA 92816
LOCATION: 6970 E. Avenida de Santiago
REQUEST:. Petitioner requests the following waiver under authority of code
Section 18.12.060.040 to construct a 33-foot high, 2-story,
single-family residence:
SECTION 18.84.042.011 -Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
Zone Overlay; 33 feet proposed)
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 the requested waiver is minimal in that the proposal will have
little impact on any nearby properties because the subject building pad
is substantially higher than the adjacent and nearby dwellings to south
(approximately 60 feet higher) and to the north. where the viewline of the
dwelling is in an easterly direction with only a garage facing subject
property, and because the adjacent building-pad to the east is
approximately 10 feet lower than subject pad and the property to the west
is about 3 feet higher with a view directly to the south instead of to
the east across subject property; and further that only 6~ of the floor
area of the proposed structure exceeds the 25-foot. height limitation with
the roof ridgeline being at 28 feet and with certain architectural
features such as a cupola being at 33 feet;
2. 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
3. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
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Page 2
Variance No. 3792
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to construct a 33-foot high two-story single-family
residence on on an irregularly-shaped parcel of land consisting of
approximately, l.5 acres, having a frontage of approximately 111 feet on the
southeast side of Avenida de Santiago, having a maximum depth of approximately
345 feet and being located approximately 450 feet west of the centerline of
Ridden Canyon Road and further described as-6970 East Avenida de Santiago; and
that 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. 3792, 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 City Council Resolution.
4. That subject property shall be served by underground utilities.
5. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
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 5.
7. 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 and 3, 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.
8. That prior to final building and zoning inspections, Condition Nos. 4 and
6, above-mentioned, shall be complied with.
2 ZA 88-32
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Page 3
Variance No. 3792
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.
This decision is made, signed, and entered into the file this twenty-sixth day
of May, 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 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 City Clerk.
DATED: ~ G/ u ~ ~~/,j~,~f~~/ .G 1/i
Pamela H. Starnes, Senior Secretary
00388
3 ZA 88-32