Resolution-ZA 1991-05f
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DECISION NO. ZA 91-5
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4106
PETITION: VARIANCE NO. 4106 CEOA STATUS: CATEGORICAL EXEMPTION,
CLASS 5
DATE OF PUBLIC 'HEARING: January 24, 1991
OWNERS HILL WILLIAMS DEVELOPMENT CORP.
175 Riverview Drive, Suite 200, Anaheim CA 92808
AGENT: FRANK GONZALES & ASSOCIATES -
1336 Chapman Avenue, Orange CA 92666
LOCATION: Subject property consists of approximately 5.03 acres located on the
east side of Henning Way approximately 1,100 feet south of the
centerline of Arboretum .Road (Tract No. 11600).
SUPPORTr One person indicated his presence at the public hearing in "support
of the .proposal.
OPPOSITION: No one indicated their presence in opposition at the public
hearing; and nocorrespondence in opposition .was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct nine (9) single-family residences:
SECTIONS 18.23.062.010 - Maximum structural heicrht.
18.23.062.0201 (25 to 27 feet 6 inches permitted-in the
and 18.84.042.010 Scenic Corridor Overlay Zone; "28 feet 4
inches and 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'hearinq having been duly noticed for and held on the date
set forth above, I do hereby find:
1. .That the impact of the proposed residential building heights is minimal
.because of the surrounding topography: .the building pads. of existing
residences to the: south .are more than 30 feet higher so views will be
over subject houses, adjacent residential lots to the east and north are
at lower grades, and the residential homes to he west of.Hennng Way (a
private street paralleling the west property Line) are view-oriented-in a
.westerly direction;
2. That there are. special circumstances applicable to the property
consisting of topography, location and surroundings, which do not apply
to other identically zoned properties in the vicinity; and
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Variance No. 4106
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3. That 'strict application of the Zoning Code deprives the property of
privileges enjoyed by ,,other properties in identical zoning classification
in .the vicinity because adjacent property to the west was previously
granted a similar building height variance to construct a residence.
CALIFORNIA-ENVIRONMENTAL QUALITY ACT FINDING: That the. Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
9 single-family residences on an irregularly-shaped parcel of land consisting
of approximately 5.03 acres having a frontage of approximately 550 feet on the
east side of; Henning-Way, having a maximum depth of approximately 330 feet and
being located approximately 1,100 feet south of the centerline of Arborteum
Road; .and that the Planning Director or his authorized representative has
determined that the proposed project fails 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 Varance.No. 410.6.,: 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
establzshed`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 tilt-up :garage doors shall be permitted only for driveways which are
twenty.(25) feet or longer and at least sixteen (16) feet wide; and that
roll-up garage doors shall be provided for any driveways shorter than
twenty five {25) feet in length. Any driveways which are too short to
accommodate a minimum of two (2) automobilesn tandem, shall be at least
sixteen (16) feet wide. The specific type of garage doors shall be shown
on the plans submitted for building permits. Said garage doors shall be
instal ed and maintained as shown on the submitted and approved plans.'
5.- * That. prior to issuance of a building permit, the appropriate fees due for -
water primary mains shall be paid to the Water. Engineering Division in
accordance with Rules 15A and 20 of the-Water Utility Rates, Rules and
Regulations.
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Variance No. 4106
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6. * That prior to issuance of a-building permit, a special assessment fee in
the amount of six hundred fifty-two dollars ($652.00) per acre shall be
paid to the Water Engineering Division for upgrading the former`Walnut
Canyon Water System.
7. That trash storage areas for two (2), thirty three (33) by thirty eight
(38) inch trash and. recycling containers shall be provided for each
single-family residence.
8. 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 19.
9. 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, 4, 5 and 6, 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..
10. That prior to final building and zoning inspections, Condition Nos. 4, 7
and 8, above-mentioned, shall be compliedwith..
11. * That approval of this application constitutes .approval of the proposed
xequest'only to the extent ,that it complies`wth 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 t irtieth day of
January, .199.1. ,
Annika M. Santalahti
Zoning Administrator
NoTICEa 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
l5 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. l5 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: January 30, 1991 a
amela H. Starnes
- Administrative Assistant
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