Resolution-ZA 1988-33
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DECISION DF THE ZONING ADMINISTRATOR - ZA 88-33
PETITION NO.: VARIANCE N0. 3779
DATE OF PUBLIC HEARING: June 2, 1988
CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
OPP05ITION: No one indicated their presence at the public hearing and no
correspondence was received.
OWNER: LEDWIN L. FORTINI and ANNALEE FORTINI, 5311 Mountain View Avenue,
Yorba Linda, CA 92686
LOCATION: 6820 E. Avenida de Santiago
REQUEST: The petitioner requests waiver of the following under authority of
Code. Section 18.12.060.040 to construct a 2-story single-family
residence:
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
Zone Overlay; 29 feet 6 inches roof
- ridgeline and 31 feet 6 inches chimney
heights 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 proposal is minimal and will not interfere with lines-of-sight
from nearby properties because adjacent building pads to `the northeast
and southeast are substantially lower (11 feet to more than 50 feet),
that the adjacent building pad to the southwest is 13 feet higher than
subject building pad, and that the dwelling to the northwest is oriented
to a northwesterly view with garages and a driveway facing subject
property.
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 Zoninq 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-story, single-family residence with
waiver of maximum structural height on a rectangularly-shaped parcel of land
consisting of approximately 0.96 acre, having a frontage of approximately 110
feet on the southeast side of Avenida de Santiago, having a maximum depth of
approximately 348 feet, and being located approximately 500 feet northeast of
the existing terminus of Avenida de Santiago and 350 feet southwest of the
centerline of Tamarisk Drive and further described as 6820 E. Avenida de
Santiago; and that the Planning Director or his authorized representative has
determined that the proposed project falls within the definition of
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Variance No. 3779
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. 3779, 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 FoothillJEastern 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 7.
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, 5
and 6, above-mentioned, shall be complied with.
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 ninth day of
June,. 1988.
~~'~'~,~,~, rn'J ',~~."" c,~a~.a~
Annika M. Santalahti
Zoning Administrator
2 ZA 88-33
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Variance No. 3779
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 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: June 9, 1988 ~ ~+'•
Pamela H. Starnes, Senior Secretary
00508
3 ZA 88-33