Resolution-ZA 1993-35~,.
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.DECISION NO. ZA 93-35
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4225
OWNER: Leslie and Chijo Doi
2839 Puente Street, Fullerton, CA 92635
AGENT: Brion S. Jeannette and Associates
470 North Newport Boulevard, Newport Beach, CA 92663
LOCATION: 569 East Peralta Bills Drive
CEQA STATUS: Categorical Exemption, Class 5
- DATE OF PUBLIC HEARING: Apri129, 1993
OPPOSPTION: One person spoke in opposition at the public hearing, one
concerned person spoke, and no correspondence in opposition was
received.
REQUEST: Petitioner .requests waiver of the following under authority of Code Section
,18.12.060.050 to construct a 1,542'sq.ft. addition to an existing single-family
residence:°
Section 18.22.063.010 - Reauired yazd setback.
(Minimum 1 fee from all property .lines required;
11 feet from south property line 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 fmd:
1. That .the requested waiver is minimal consisting of an encroachment ofonly 4 feet
into the southerly .side yard, .that the .building addition will be only 30 feet long in
relation to the 330-foot long south property line, that the ridgeline of the
proposed addition will be less than 17 feet high .(one-story) and .the grade of the
adjacent dwelling to the south is about 4 feet higher than subject property so that
the visual impact to the adjacent neighbor is minimal, and that the proposed
addition is setback about 50 feet -from the front property line and more than 100,.
feet. from the .rear properyy line so it will be minimally .visible to public;
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2. That .there are special circumstances applicable to the property consisting of its
location, surroundings and existing building orientation 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 minimum required setback to
construct. a 1,542 sq.ft. addition to an existing .single-family residence on a rectangularly-
shaped. pazcel of land. consisting of approximately 1.07 acres, having a frontage of
approximately 140 feet on the east side of a private road located south of the
intersection of Peralta Hills Drive and Cerro Vista Way, having a maximum depth of
approximately 332 feet, being located approximately 430 feet south of the centerline of
Peralta Hills Drive,- and furtherdescribed as 569 East Peralta Hills 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, I do hereby determine to approve
Variance No. 4225, subject to the following conditions:.
1. That the appropriate fees due for primary water mains shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of the Water Utilities
Rates, Rules and Regulations.
2. .That a covenant agreeing to maintain a minimum nineteen (19) foot building
setback from the north property line shall be recorded with the Office of the
Orange. County Recorder for the purpose of maintaining an average fifteen (15)
foot setback from the north and south property,: lines (subject variance permits a
minimum eleven [ll] setback from the south property line). Prior to recordation,
the proposed covenant shall be submitted to the Zoning Division for review and
approval by the City Attorney. A copy of the recorded covenant shall be
submitted to the Zoning Division.
3. That subject property shall be developed exactly 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 6.
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4. That if any. "specimen" tree is to be removed from subject property, a "specimen
tree removal permit" shall first be obtained from the Planning Department.
"Specimen trees" are defined by Subsection 18.84.038.010 of the Anaheim
Municipal Code as :any .single tree of the following varieties: Quercus varieties
[Oak], .Shims varieties [Pepper] or Platanus varieties [Sycamore]; or any stand. of
five [5] or more Eucalyptus trees.
5. 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.
6. .That prior to final building and zoning inspections, Condition No. 3, above-
mentioned, shall be complied with.
7. 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.
This decision is .made, signed, and entered into the file this sixth day of May, 1993.
4
. M. Santalahti
Zoning Administrator
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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 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 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.
DATE: May 6, °1993
eggY z ~S~
Acting S etary
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