Resolution-ZA 1990-50
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-50
PETITION: VARIANCE N0. 4067
DATE OF PUBLIC HEARING: July 12, 1990
CEQA STATUS: CATEGORICAL EXEMPTION,
CLASS 3
SUPPORT: One person indicated his presence in support of the proposal.
OPPOSITION:. One person indicated her presence in opposition to the proposal;
and 2 letters in opposition were received.
OWNER: HERMAN and JUNE DE FERRANTE
118 Brickford Street, Placentia, CA 92670
LOCATION: 128 Derby Circle
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.040 to construct a 4,731 sq.ft.
single-family residence:
Section 18.84.042.010 - Maximum structural height.
(25 feet permitted in the Scenic
Corridor Overlay Zone;
29 feet 6 inches 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 request. is minimal because only 153 sq.ft. (4~) of the entire
roof area is over 25 feet in height, that the portion of the residence
over 25 feet consists of 2 stories .over a .portion of the garage which is
partially built into a hillside, that the dwelling is being constructed
on a "split level" pad, and that no exterior .building... walls exceed 25
feet in height because said higher portion is located in the center of
the residence where.. the grade level is lower than for surrounding
portions of the residence;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has .reviewed the proposal for waiver of maximum structural height to construct
a 4,731 sq.ft. single-family. residence. on a irregularly-shaped parcel of .land
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ZA 90-50
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Variance No. 4067
consisting of approximately 0.48 acre.,. having a frontage of approximately 20
feet on the east side of Derby Circle, having a maximum depth of 270 feet,
located approximately 220 feet south of the centerline of Saddleback Lane, and
further described as 128 Derby Circle; 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. 4067, subject to the following conditions:
1. * 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
e tablshed by`City 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 the appropriate fee shall be paid to the City of Anaheim. for Santa
Ana Canyon Road widening purposes, in an amount as established by City
Council Resolution.
4. * That native slopes adjacent to newly constructed homes shall be
hydroseeded with a low fuel combustible seed mis. Such slopes shall be
sprinklered and weeded as required to establish a minimum of one hundred
.(100) feet of separation between flammable vegetation and any structure.
5. * That fire sprinklers shall be installed as required by the. Fire
Department.
6. * That prior to rendering. of water .service,. the .appropriate fees due for
primary mains and secondary water mains shall be paid to the .Water
Engineering bivision in accordance with. Rules 15A and 20 of the Water
Utility Rates, Rules and Regulations.
7. * That subject .proposal authorized by this ..decision .shall. be .served by
underground utilities.
8. * That any specimen tree removal shall be subject to the tree preservation
.regulations in .Chapter 18..84 of the Anaheim Municipal Code, pertaining to
the "SC" Scenic Corridor Overlay Zone.
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Variance No. 4067
9. 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.
10. That prior to issuance of a building permit or within a period of one (1)
year from the date of this resolution, 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.
11. That prior to final building and zoning inspections, Condition-Nos. 4, 5,
7 and 9, above-mentioned, shall be complied with.
12.* 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, therefore, not subject to negotiation.
This decision is made, signed,: and entered into the file this nineteenth day
of July, 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 wi hin 15 days of the date of the signing of this decision or unless
members of the City Council shall xequest 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 o£ the decision to the applicant and did forward a copy. to the City Clerk.
DATED: July_19, 1990
Pamela. H. Starnes, Executive Secretary
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ZA 90-50