Resolution-ZA 1988-46
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-46
VARIANCE N0. 3$15 CEQA STATUS: CATEGORICAL EXEMPTION, CLASS 3
DATES OF PUBLIC HEARING: July 14, 1988, continued to meeting of July 28, 1988.
OPPOSITION: That 2 people spoke in opposition at the July 14, 1988, public
hearing and one letter was submitted; and 7 people spoke in
opposition at the July 28, 1988, public hearing.
OWNER: RICHARD E. COLLIVER AND JUDY J. COLLIVER, 382 Silverbrook Drive,
Anaheim, CA 92807
AGENT: PETER E. CARSON, 10600 Magnolia, Suite I, Riverside, CA 92505
LOCATION: 7460 East Hummingbird Circle
REQUEST: Petitioner requests waivers of the .following under authority of
Code Section 18.12.064.040 to construct a 2-story, 34.5-foot high,
single-family residence:
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in Scenic Corridor Zone
Overlay; 34.5 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 subject. hillside residential lot is unusual in that the width
(street frontage) is substantially greater than the depth (210 feet wide
and. 135 feet deep) and that the developable building pad is only about
3,000 sq.ft. in size located adjacent to a steep slope towards Deer
Canyon thereby limiting the design potential cif a house;
2. That the request is minimal because any impact the proposed dwelling
might have on other homes in the Hill and Canyon area is mitigated by the
underlying lot being located-on a street along a ridgeline with .all
existing visible houses being located. at either a substantially different
grade (50 feet or more higher for three houses to the southeast) or at a
great distance away (1,000 to 1,700 feet or further for houses to the
southeast and east);
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 Cade deprives the property of
privileges .enjoyed by other properties in identical zoning classification
in the vicinity.
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Page 2
Variance No. 3815
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a 2-story,, 30 foot high, single-family residence (originally 34.5 foot high)
on an irregularly-shaped parcel of land consisting of approximately 0.78 acre,
havinq.a frontage of approximately 210 feet on the southeast side of
Hummingbird Circle, having a maximum depth of approximately 135 feet, being
located approximately 1,000 feet east of the centerline of Fairmont Boulevard
and further described as 7460 East Hummingbird Circle; 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 Environmental Impact Report 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. 3815, subject to the following conditions:
1. That unless proof of exemption is submitted in compliance with City
Council Resolution No. 85R-423, 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 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, 2, 3 and 6, and Revision No. 1 of Exhibit Nos. 4 and ?; provided,
however, that the maximum building height shall not exceed thirty (30)
feet as viewed from any direction.
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 through 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 88-46
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Page 3
Variance No. 3815
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 4th day of
August, 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
members 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 : Gam' ~^ ~ ~ F ' ,
Pamela H. Starnes, Executive Secretary
00738
3 ZA 88-46