Resolution-ZA 1992-01•
DECISION NO. ZA 92-1
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4163
DATES OF PUBLIC HEARING: December 26, 1991 and continued to January 9, 1992.
OWNER: MAJID RAHMANI
401 Primrose Avenue, Placentia, CA 92670
AGENT: DAVE RICHENS
112 East Chapman Avenue, Suite E, Orange, CA 92666
LOCATION: 7588 East Martella Lane
CEQA STATUS: Categorical Exemption, Class 3
SUPPORT: one person indicated her presence in support of the proposal at
the December 26, 1991 hearing, and 3 people. indicated their
presence in support at the January 9, 1992 hearing.
OPPOSITION: Two concerned people indicated their presence at the December 26,
1991 hearing, no one indicated their presence in opposition at
the January 9, 1992 hearing, and 5 letters in opposition were
received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct a 33~-foot high, 3-story,
7,184 sq.ft. single-family residence:
SECTIONS 18.23.062.0202 - Maximum structural height.
18.84.042.0202.a (Permitted: 30 feet for maximum 10~ of
and 18.84.042.0202.b total roof area and 25 feet for remainder of roof;
Proposed: 33'~ feet for 20~ of roof [consisting of
two roof areas: a 30-foot high turret at 9~ and a
33~ feet high roof over a basement at 11~])
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 maximum 33~-foot high roof is over a basement (defined as the
first of 3 stories) which is visible only from one direction (the
southeast) and that the 30-foot high turret is over an entry area which is
primarily visible only from the north;
2. .That there are special circumstances applicable to the property consisting
of topography and location which do not apply to other identically zoned
properties in the vicinity because the highest portions of the proposal are
visible only from certain directions; and
ZA-4163 -1- ZA 92-1
•
Page 2
Variance No. 4163
•
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 several height variances have been granted in
locations where visibility to the highest roofs are similarly limited.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a 33'~-foot high, 3-story, 7,184 sq.ft. single-family residence on an
irregularly-shaped parcel of land consisting of approximately 0.51 acre, having
a frontage of approximately 20 feet on the south side of Martella Lane, having
a maximum depth of approximately 244 feet, being located approximately 1,100
feet east of the centerline of Martin Road, and further described as ~sss East
Martella Lane; 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 of California
Environmental Impact Report 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. 4163, subject to the following conditions:
1. 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 8.
2. That prior to final building and zoning inspections or within a period of
one (1) year from the date of this decision, whichever occurs first,
Condition No. 1, 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.
3. 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.
ZA-4163 -2- ZA 92-1
• •
Paqe 3
Variance No. 4163
This decision is made, signed, and entered into the file this sixteenth day of
January, 1992. ~J(~ /~
f ! w /
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: January 16, 1992 ~ ~~ ~ ~,G~.~Y
Pamela H. Starnes
Administrative Assistant
ZA-4163 -3- ZA 92-1