Resolution-ZA 1989-08~} '
PETITION:
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-8
VARIANCE N0. 3864 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATES OF PUBLIC HEARING: January 26, 1989, continued to the meeting of
February 9,.1989.
SUPPORT: A petition, containing 6 signatures, indicating no objections to
the proposal was received.
OPPOSITION: `Two ,people spoke in'opposition at the January 26, 1989, hearing;
2 people' spoke in opposition at the February. 9, 1989, hearing;
and 2 letters in opposition were received.
OWNER: MATTHEW W. and MARIE E. GREENS
9115 Flower Street, Bellflower, CA -90706
LOCATIONS 120 .South Mohler Drive
REQUEST: Petitioner requests waiver of the following under authority of
Code Sections 18.12.060.040 and 18.12.060.050 to construct a
2-story single-family residences
{A) SECTION 18.84.042.011 - Maximum structural height.
(25 feet permitted in the Scenic
Corridor Overlay Zone;
32 feet proposed)
(B) SECTION 18.23.063.011 - Minimum structural setback.
(25 feet"required .along. Mohler Drive;
15 to 25 :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 Waiver (A) is approved, in, part, for a building height which is
similar to a currently 'pending Zoning .Code amendment pertaining to
maximum residential building heights in the Scenic Corridor. Said
approval 'is conditioned on the following restrictions:
(a) The maximum building height, excluding chimneys, shall not exceed
thirty {30) feet,
(b) Not more than ten percent (10~) of the total roof area shall exceed
twenty five (25) feet in height, .and
(c) Not more than ...thirty three. percent (33~) of the length of the
combined ridgelines or thirty seven (37-) feet, whichever -is less,
shall exceed twenty five (25) feet in height;
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Variance No. 3864
2. That Waiver (B) is approved on the basis that subject property has an
excessively long. frontage along 2 public. streets (Mohler Drive and Del
,Giorgio Road), which frontage combines both the :westerly and southerly
property lines as the 'front' property line, that subject approval
considers the southerly portion as the 'front' where the proposed setback
is a minimum of 28 feet (25 feet permitted by Code for a front yard) and
the westerly portion as_ the 'side' .where. the proposed setback is a
minimum of 15 feet (l0 feet permitted by Code for a side. yard);
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 for waivers of maximum structural height and. minimum
structural setback to construct a 32`-foot high single-family residence on an
irregularly-shaped parcel of land .consisting of approximately 0..32. .acres
located at the. .northeast corner of Mohler Drive and Del Giorgio Road, having a
frontage of approximately 223 feet on the northeast side of Mohler. Drive and
Del Giorgio. Road, and further described as 120 South Mohler Drive; 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. 3864, in part, subject to the following conditions:
1. 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 established by City Council, resolution.
2. That prior to issuance of a building permit, that. the appropriate
drainage assessment and sewer assessment fees shall be paid to the City
of Anaheim in an amount. as .determined by the City Engineer.
3. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
4. That the legal owner of subject property shall dedicate and improve a..ten
(10) foot wide riding and hiking trail easement,. as shown on the Riding.
and Hiking Trail Component of the General Plan and as required by the
Parks and Recreation Depar meat.
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Variance No. 3864
5. That the driveway(s) to the public streets shall be a minimum twelve (12)
feet wide with a maximum grade of ten percent (10~).
6. 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.
7. That subject property shall be served by underground utilities.
8. That petitioner shall construct a six (6) foot high fence along the east
property line excepting the front twenty five (25) foot setback area
along Mohler Drive. If the fence is extended into the. front setback, the
height shall not exceed three (3) feet within 'said area.
9. That subject property shall be developed substantially in accordance with
plans and specifications on file with the .City of Anaheim marked Revision
Nor l of Exhibit Nos. 1, 5, 4 and 6, and Exhibits Nos.. 2 and 3;,.provided,
however, .that. the maximum building height shall not exceed thirty (30)
feet, excluding chimneys; that not more than ten percent ,(10~) of the
total. roof area shall exceed twenty five (25) feet in height; and that
not_more than thirty -three percent (33~) of the length of the combined
ridgelines or thirty, seven (37) feet, whichever is less, shall exceed
twenty five (25) feet in height.
ld. That the `legal owner of subject property shall record .a covenant with the
Office of the Orange County Recorder specifying_,that a minimum fifteen
{15) setback to .the house will be maintained 'along the entire east
property line. The covenant shall be approved as to form by the City
Attorney prior to recordation. A copy of the recorded covenant shall be
submitted to the Zoning Division.
11. That prior to issuance of a building permit or within a period of one (1)
from the date of this decision,. whichever occurs first, Condition Nos. 1,
2, 6 and 10, above-mentioned, .shall be complied with.
12. That prior to final building and zoning inspections, Condition Nos. 3, 4,
5, 7, 8 and 9, above-mentioned, shall be complied with. -
13. 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 ang 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.
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Variance No. 3864
This decision is made, signed, and entered into the file this thirteenth day
of February, 1989. ` .~, O /~
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
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.: February 13. 1989
o°~~.,.~ ,,h/ ~~~~
Pamela H. Starnes, Executive Secretary
01878 4 ZA 89-8