Resolution-ZA 1989-25^_
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-25
PETITION: VARIANCE NO. 3927 CEQA STATUS: CATEGORICAL EXEMPTION
CLASSES 1 and 3
DATE-OF PUBLIC HEARINGS: April 6, 1989, continued to the meetings of April 20
and May 4, 1989.
OPPOSITION: 3 people spoke in opposition at the April 20, 1989 hearing;
2 people spoke in opposition at the May 4, 1989, hearing; and
1 letter in opposition was received.
OWNER: EUGENE P. NOONAN
126 Peralta Hi11s Drive
Anaheim, CA 92807
:LOCATION: 126 Peralta Hills Drive
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060:040 to construct a second story addition
to an existing single-family residence.
Section 18.84.042.011 - Maximum structural height.
(25 feet permitted in the Scenic
Corridor Overlay Zone;
:29.5 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-finds
1. That approval 'of -a height waiver on this specific site and- at-.this
specific location would be undesirable because the proposal would be very
visible: it would be on a relatively flat lot which-has a similar and
lower grade than the abutting public street (Peralta Hills Drive), the
proposed residence would 'be located within .about 200 feet of the
intersection of Peralta Hills Drive ,and Santa ,Ana Canyon -Road which
intersection i one of the entrances to Peralta Hills., .and the area which
exceeds.: .the permitted .height -is -.the roof ridgeline which parallels
Peralta Hills Drive;
2. That the-specific area of the proposal which exceeds the,,permitted height
is the 36-1/2 foot long ridgeline, and the Tength of said ridgeline is
not consistent .with the pending Zoning Code amendment permitting certain
limited architectural features or embellishments to exceed 25 feet;
3. .That changes, revisions, inconsistencies or errors in construction plans
' are not a basis for approval of a variance;
4: That here are no 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, because subject
property is about` 33'8 larger than required by Code (1.32 acres versus
1 acre) and is relatively flat without any significant grade
differentials; and
02258 1 ZA 89-25
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Page 2
Variance No. 3927
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5. That strict application of the Zoning Code does not deprives the property
of .privileges enjoyed by other properties in identical zoning
classification in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoninq Administrator
has reviewed the- proposal for waiver of maximum structural height to construct
a second story addition to an existing single-family residence on an
irregularly-shaped parcel of land consisting of approximately 1.32 acres,
having a frontage of approximately 258 feet on the east side of Peralta Hills
Drive, .having a maximum depth of approximately 279 feet, being located
approximately 220 feet south of the centerline of Santa Ana Canyon road, and
further described as 126 Peralta Hills Drive; and that the Planning Director
or his authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Classes 1 and 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 tome, I do hereby determine to
deny Variance No. 3927.
This decision is made, signed, and entered into the file this 11th day of May,
1989.
G~~
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.: May 11, 1989
Pamela H. Starnes, Executive Secretary
0225g 2 ZA 89-25