Resolution-ZA 1990-23;~ : .
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-23
PETITION: VARIANCE. NO. 4044 CEQA STATUS: CATEGORICAL EXEMPTION.
CLASS 5
DATE OF PUBLIC HEARINGS: May 3, 1990, continued to the May 17, 1990.
OPPOSITION: One person with concerns about the proposal indicated her
presence at the May 3, 1990, meeting; no one indicated their
presence in opposition at the May 17, 1990 public hearing; and
no correspondence in opposition was received.
OWNERS: MR. and MRS. JIM MORALES
5883 East Mountain Loop Trail, Anaheim CA 92807
AGENT: GARY HOUSTON
4054 Del Ray Avenue#205, Marina Del Rey CA 90262
LOCATION: 451 Sough Canyon Ridae Drive
REQUEST: Petitioner requests waiver of the .following under authority of
Code Section 18.12.060.040 to construct 3 additions to an
existing single family residence:
Section 18.84.042.010. - Maximum structural height.
(25 feet permitted in the Scenic Corridor
Overlay Zone; 32 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 proposed development plans were reviewed and approved on May 9,
1990, by the Architectural Review Committee for the home owners'
association of the tract which includes subject .lot;
2. That the proposal is approved on the basis of the area terrain being very
.irregular with subject praperty being about 20 feet lower than. any
adjacent residences, that subject residence cannot be seen from any
nearby public streets, and that the existing residence and other area
residences were originally constructed with 32-foot high roof ridge lines;
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 Cade deprives the property of
privileges enjoyed by other properties in identical zoning. classification
in the vicinity.
04798 1 ZA 90-23
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Page 2
Variance No. 4044
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
3 additions to an existing single .family residence; 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. 4044, subject to the following conditions:
1. * That subject proposal authorized by this resolution shall be served by
underground utilities.
2. 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. 1 through 7.
3. That prior to final building and zoning inspections, Condition Nos. 1 and
2, above-mentioned, shall be .complied. with.
4. * 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 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. agreements
and are not subject to negotiation.
_This decision is made, signed, and entered into the file this twenty fourth
day of May, 1990.
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision sha1Z 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 24, 1990
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Margarita P rez, Acting Secre ry
0479g 2 ZA 90-23