Resolution-ZA 1989-26~:
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DECISION. OF THE ZONING ADMINISTRATOR - ZA 89-26
PETITION: VARIANCE NO. 3938
CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: May 4, 1989
OPPOSITION: No one indicated their presence in opposition at the public
hearing (one concerned person spoke) and no correspondence in
opposition was received.
OWNER: GERALD D. & DEBORAH M. BARNES
743 South Thrasher, Anaheim, CA 92807
AGENT: WILLIAM R. EDWARDS ASSOC.
234 East 17th Street #205, Costa Mesa, CA 92627
LOCATION: 7051 Avenida de Santiago
REQUEST: Petitioner requests the following waiver under authority of
18.12.060.040 to construct a 37-foot high (to top of chimney)
2-story, single family residence:
SECTION 18.84.042.OLI - Maximum structural height.
(25 feet permitted; 37 feet to top of
chimney and 33.5 .feet to top of roof
ridgeline 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 will have minimal impact on any existing nearby
dwellings because the subject .building .pad is at a substantially
different grade from any adjacent building .pads being. approximately 50
feet lower than adjacent residences to the .south .and east and
approximately 75 feet higher than adjacent residences to the north;
2. That the request is conforms to the pending Zoning Code amendment which
will permit construction of maximum 35-foot high residences in the Hidden
Canyon area which includes the lots on the north side of Avenida de
Santiago;
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 EDTVIRONMENTAL QUALITY ACT FINDING: That the Zoning. Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a single family dwelling on an irregularly-shaped parcel of land consisting of
approximately 3.8 acres, having a frontage of approximately 32 feet on the
0260g 1 ZA 89-26
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Variance No. 3938
north side of Avenida de Santiago, having maximum depth of approximately 480
feet and further described as 7051 Avenida de Santiago; and does hereby
approve the Negative Declaration upon finding that she has considered the
Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3938, subject to the following conditions:
1. That prior to issuance of a building permit, the appropriate drainage
assessment fees shall be paid to the City of Anaheim in an amount as
determined by the City Engineer.
2. 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.
3. 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.
4. That .fire- sprinklers shall be installed as required by the City Fire
Department.
5. 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.
6. That prior to issuance of a building permit or within a period of one (1)
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.
7. That .prior to final building and .zoning inspections, Condition Nos. 4 and
5, above-mentioned, shall be complied with.
8. 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 Gity 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.
0260g 2 ZA 89-26
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Variance~No. 3938
This decision is made, signed, and entered into the file this eleventh day of
May, 1989.
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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 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: May 11, 1989 ~~+~~',~'~^"f' " -ES~~r.LYeGQ,~
Pamela H. Starnes, Executive Secretary
02608 3 ZA 89-26