Resolution-ZA 1988-47~_
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-47
PETITION: VARIANCE N0. 3821 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS-3
DATE OF PUBLIC HEARING: July 28, 1988
OPPOSITION: There were three people indicating their presence in opposition.
OWNER: ROBERT L. DAVIS and AMINTA D. DAVI5, 6503 Marengo Drive, Anaheim, CA
92807
AGENT: THOMAS MAURER & ASSOCIATES, ATTN: Rick Crane, 150 E1 Camino Real,
No. 200, Tustin, CA 92680
LOCATION: 6980 .East Avenida de Santiaaa
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040:
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
~one`Overlay; 33 feet 6 inches 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 impact of the proposal is minimal because the neighboring lots
to the front and rear which might be impacted (amounting to 3 or 4 homes)
are at least 7 to 12 feet higher ar lower than subject building pad, that
the building pads of the lots to the rear are at least 50 feet lower, and
that the front .and side. yard setbacks of the proposed dwelling are
significantly deeper than required (50 feet instead of 25 feet for the
.front and 15 to 20 feet instead of 10 feet for the sides) thereby further
reducing any impact of the proposal on the neighbors to the front and
sides;
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. 3821
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to construct a 2-story, 33-foot 6-inch high,
single-family .residence with waiver of maximum structural height on an
irregularly-shaped parcel of land consisting of approximately 1.2 acres,
having a frontage of approximately 100 feet on the southeast side of Avenida
de Santiago, having a maximum depth of approximately 345 feet, being located
approximately 350 feet west of the centerline of Hidden Canyon Road and
further described as 6980 E. 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 Environmental Impact Report.
.Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. .3821 for a maximum height of thirty three (33) feet,
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 authorized by this resolution 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 gates shall: not be installed across the driveway in a manner which
.may adversely affect vehicular traffic in the adjacent public street(s).
Installation of any gates shall conform to the Engineering Division's
Standard Plan No. 402 and shall be subject to the review and approval of
the City Traffic Engineer.
7. 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 6; provided, however, that the maximum building height
shall. be thirty three (33) feet.
2 ZA 88-47
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Page 3
Variance No. 3821
8. 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.
9. That prior to final building and zoning inspections, Condition Nos. 4 and
7, above-mentioned, shall be complied with.
10. 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 fourth day of
August, 1988.
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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. l5 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 : ~T~ 1 ~ ~ / ~=r/~ ~JC=I~~
-~%~~ Pamela H. Starnes, Executive Secretary
0086g
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