Resolution-ZA 1990-10s ~ '~ ~ •
DECISION OF THE ZONING ADMINISTRATOR-- ZA 90-10
:.PETITION: 'VABIANCB NO. 4023 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: February 8, 1990
OPPOSITION: No .one indicated their presence at the public hearing in
opposition; and that no correspondence in opposition was received.
OWNER: LAL and SHEILA THARARA
1741 North Pheasant, Anaheim, Ca 92806
.AGENT: BILL JOHNSON and TOM SHAW
23212 Via Celeste, Trabuco Canyon,. CA 92679
LOCATION: 7495 .Hummingbird Circle
- =REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.:060.04D to construct a 2-story, 33 foot high,
,single-family residence:..
SECTION 18.84.042.010.- - Maximum structural height.
{25 feet .permitted in the Scenic .Corridor
Overlay Zone; 33 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 the ...visual. impact of the..: proposed building height on nearby
properties will be minimal because subject property is at a grade which is
significantly higher than most nearby lots (except the.. adjacent property
to .the southwest which has a structural height variance [No. 3.761]. and the
adjacent property to the south which is approximately 5 feet lower than
subject .property), that Hummingbird Circle is -located along a ridge with
no 'nearby neighbors at the .same grade (the "closest neighbors to the south
- are at a significantly higher grade [more than 50 feet .higher] and the
closest neighbor to the north is more than 3OO feet away and is 25 feet or
more lower), that (in addition to Variance'No. 3761) three other nearby
structural height variances (Nos. 3815, 3922 and 3940) have been approved
because of the isolated characteristics of Hummingbird Circle which set it
apart from. other areas of Anaheim Hills and, further, that the proposal is
.for a 2-story dwelling with no living space above the second-floor and
with-no windows above the second floor;
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.
0432g 1 ZA 90-10
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Page 2
Variance No. 4023
CALIFORNIA' ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum building height to construct a
7,620 sq.ft. single family residence on an irregularly-shaped parcel of land
consisting of approximately 0.61 acre having a frontage of approximately 20
feet on the northwesterly terminus of Hummingbird Circle, having a maximum
depth of approximately 230 feet, being located approximately 1,620 feet north
of the centerline of Canyon -Rim Road, and further described as 7495
Hummingbird Circle; and that the Planning Director or his. authorized
representative has determined that the proposed project falls within .the
definition of Categorical: Exemptions, Class 5, 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. 4023, subject to the following ,conditions:
1. * That. 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 established by City
Council resolution, unless proof of exemption is submitted in compliance
with City Council Resolution No. 85R-423.
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 prior to issuance of a building permit, the property owner shall .pay
to -the City of Anaheim a fee in an amount as established by the City
Council for the Santa Ana Canyon Road Area.
4. * That fire sprinklers shall be instal ed as required by the City Fire
Department. The location of the nearest public fire hydrant shall be
specifically shown on the. plans submitted for building permits.
5. That subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
petitioner and which plans- are on file with the Planning Department
marked Exhibit Nos. l through 8.
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, 3 and 4, 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
0432g 2 ZA 90-10
V
Page 3
Variance No. 4023
Zoning Code and any other applicable City, State and Federal
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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations. and/or
agreements and are are not subject to negotiation.
This. decision is made, signed, and entered into the file this fifteenth day of
.February, 1990.
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 oS 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 15, 1990 ~GG i~h~tX~k/ ~~ ,
Pamela H. Starnes, Executive Secretary
04328
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ZA 90-10