Resolution-ZA 1993-34~,, •
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DECISION NO. ZA 93-34
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4224
OWNER: SURESH JHAWAR
8085 East Sandstone Drive
Anaheim, CA 92808
AGENT: Frank Ghalili
5728 Rocking Horse Way
Orange, CA 92669
LOCATION: 5180 East Copa De Oro Drive
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: Apri129, 1993
OPPOSITION: No one indicated their presence. at the public hearing in` opposition
to the.. proposal and no correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following under authority of Code
Sections 18.12.060.030 and 050 to construct a 6,500 square-foot
single story family .residence;
(A) .SECTION 18.23.063.030 - Minimum rear vazd setback.
(2 feet required; 1 fee proposed)
(B) SECTION 18.23.065.010 - .Orientation of dwelling .units adjacent to
arterial highway.
(Residential unit to rear on arterial highways
r uir "residential unit ~ding_on Nohl Ranch
R~.~ 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
public. hearing .having been duly noticed for and held on the date set forth above, I do
hereby find:
1: .That the agent for. the petitioner testified at the public hearing that the proposed
architectural plans were reviewed and approved by the Peralta Hills East
Homeowners' Association;
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2. That waiver (A) is hereby granted on the basis that there aze special
circumstances applicable to the property consisting of shape, location and
surroundings, which do not'apply to other identically zoned properties in the
vicinity because the "technical" rear yazd setback (based on the orientation of the
main entrance to the proposed dwelling) is only 10 feet from the adjacent
property to the north.. (also addressed on Copa de Oro) and that the other
setbacks all .comply with or exceed Code: minimum of 25 feet from the east
property. line (existing residences at a higher grade than subject property),
minimum of 104 feet from Nohl Ranch Road to the south and about 25 feet from
..the west property line (property also addressed on Copa de Oro);
3. That waiver (B) ishereby granted on the basis that there aze special
circumstances applicable to the property consisting of topography, location and
surroundings, which do not apply to other identically zoned properties in the
vicinity because the .need for said waiver is based on the orientation of the main
entrance to the proposed dwelling but that the grade level of subject property is at
least 30 feet below Nohl Ranch Road and there is no'visual connection or easy
access between subject property and Nohl Ranch Road; 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.
CALIFORNIA' ENVIRONMENTAL QUALITY ACT FINDING:. That the Zoning
Administrator has reviewed the proposal for waiver of minimum :rear yazd' setback and
orientation of dwelling adjacent to an arterial highway on anirregularly-shaped parcel of
land consisting of approximately 1.0 acre, having a frontage.. of approximately 198 feet on
the north side of Nohl Ranch Road, having a maximum depth of approximately 210 feet
and being located approximately 450 feet west of the centerline of Rolling Hills Place,
and further described as 5180 East Copa De .Oro Drive; .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 of California
Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt
from the requirement to prepaze an EIR.
Based on the evidence and testimony presented. to me, T do hereby determine to approve
Variance No. 4224, 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 aze on file with the. Planning Department mazked Exhibit Nos. 1 through 4.
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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 thin 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.
This decision"is made, .signed, and entered into the file this sixth day of May 1993.
~ ~%~
Annika M. Santalahti
Zoning Administrator
k
;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 MAII,: I do hereby declaze 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 forwazd a copy to the City Clerk.
DATE: May 6, 1993
egg z /~ s
Acting Secretary
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ZA 93-34