Resolution-ZA 1990-27..
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-27
PETITION: VARIANCE N0. 4046 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATES OF PUBLIC HEARING: May 3, 1990, continued to the May 31, 1990, Zoning
Administrator meeting.
OPPOSITION: On May 3, 1990, one person indicated his presence in opposition
and 3 letters in opposition were received; and on May 31, 1990,
1 person. spoke in opposition, one concerned person spoke, and
T letter not objecting to the revised plans was received.
OWNERS: GEORGE and JUNO LU, 118 South Montgomery Way, Anaheim, CA 92807
AGENT: NORMAN MCCURRY, 3315 East Miraloma #114, Anaheim, CA 92806
LOCATION: 118 South Montgomery Wav
REQUEST: Petitioner requests waiver of the following. under authority of
Code Section 18.12.060.040 to construct a 3-story 35-foot high
single-family residence:
Sections 18.22.062.0 - Maximum structural height.
18.84.042.010 (Permitted: 25 feet in the Scenic
18.84.042.020.a Corridor Overlay Zone with exceptions
and. 18.84.042.020.b up to 30 feet when not exceeding 10~
of the total roof area;
Proposed: 35 feet with 10~ being
between 25 and 30 feet and 2~ being
between 30 and 35 feet)
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 revised proposal is minimal because it amounts to only 2~ of the
total roof area being between 30 and 35 feet high (with the remaining
area over 25 feet.. being in :compliance with .the permitted "height
exceptions" for the Scenic Corridor),. and that the- actual area over
30 feet in height is at the interior of the building where the underlying
grade is low and no exterior walls will be over 25 feet high.
2. That the subject property grade is substantially different from those of
existing nearby residences so there are no lines-of-sight which will be
adversely affected by the proposal.
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.
0487g 1 ZA 90-27
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Page 2
Variance No. 4046
CALIFORNIA ENVIRONMENTAL OUALITY`ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a 3-story 35-foot high 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 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 to me, I do hereby determine to
approve Variance No. 4046, subject to the following conditions:
1. * That prior to issuance of a building permit and unless proof of exemption
is submitted in compliance with City Council Resolution No. 85R-423, 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 Citg Council resolution.
"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 rendering of water service, the appropriate fees due. for
primary water main service shall be paid to the Water Engineering
Division in`"accordance with. Rules 15A and 20 of the Water Utility Rates,
Rules and Regulations.
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 submitted to the City. of Anaheim by the
petitioner and which are on file with the ,City marked Revision No. 1 of
Exhibit Nos. 1 through 4.
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 and 2, 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
reques 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.
0487g 2 ZA 90-27
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Page 3
Variance No. 4046
This decision is made, signed, and entered into the file this sixth day of
June, 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 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: \~~,c/Yc~.~ ~ t ! ~ ~~/ ,
Margarita. rez, Acting Secre ry
0487g 3 ZA 90-27