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Resolution-ZA 1989-26~: ~. ~ • 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 ~M J~ ~ Page 2 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 • • Page 3 Variance~No. 3938 This decision is made, signed, and entered into the file this eleventh day of May, 1989. ~~ 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