Resolution-ZA 1995-26
DECISION NO. ZA 95-26
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4280
OWNER: Roger Chen
745 East Peralta Hills DrNe
Anaheim, CA 92807
AGENT: Brion S. Jeannette
470 Old Newport Blvd.
Newport Beach, CA 92663
LOCATION: 745 East Peralta Hills Drive
CEQA STATUS: Categorical Exemption, Class 3
HEARING DATE: September 28, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the fdlowing to construct asingle-family residence:
Sections 18.12.060.040 - Maximum structural height.
18.22.062.010 2 f t permitted in the Scenic Corridor;
.and 18.84.042.Oi0 40 feet 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, 1 do hereby find:
1. That there are special circumstances applicable to the property consisting of its topography,
location and surroundings, which do not apply to other identically zoned properties in the vicinity
because, as testified by the architect for the petitioner, surrounding properttes wilt overlook the
proposed roof;
2. That the building height is measured from the basement (which is very large waiver) to the highest
peak of the roof but, as viewed from adjacent properties, the proposed dwelling will be
approximately 25 to 38 feet high as measured from the finished grade; 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 ~UAUTY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of .maximum structural height to construct a single family dwelling on an irregularly-
shaped parcel of land consisting of approximately 6 acres, having a frontage of approximately 452 feet on
the south skis of Peralta Hilts Drive, having a maximum depth of approximately 339 feet, and further
described as 745 East Peralta Hills Drive; and that the Planning Director or his authorized representative
has determined that the proposed project is Categorically Exempt under Class 3 of the State of California
.Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, 1 do hereby determine to approve Variance No.
4280, .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 13.
2. That either the retaining walls shall be redesigned or a Lot Line Adjustment Plat shall be filed,
approved and recorded with the Office of the Orange County Recorder such that the retaining walls
are completely wfthin one (1) parcel.
3. That 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 established by City CouncH resolution.
4. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council resdution.
5. That the developer shall pay a traffic and transportation improvement fee to the City of Anaheim
(Traffic Engineering Division) in an amount established by the City Council resolution. This fee will
be used to fund traffic and transportation improvements within this area impacted by this project.
Said fee shah be subject to adjustment by the City Council.
6. 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 Utility Rates, Rules and Regulations.
7. .That the legal owner of the subject property shall Irrevcx:abiy offer to dedicate to the City of
Anaheim (Water Engineering Division) an easement twenty (20) feet in width in the private street for
water service mains and/or an easement of ten (10) feet by twenty (20) feet for large meters or fire
lines.
8. 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. 2, 3, 4, 5, 6 and 7, 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.
9. That prior to final building and zoning inspections, Condition No. 1, above mentioned, shall be
complied with.
10. That approval of this application constitutes approval of the proposed request only to the extent that
i< 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, reputation or requirement.
This decision Is made, signed, and entered into the file. this 5th day of October 1995.
nn a nta a t
Zoning Administrator
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NOTICE: This decision shall become final unless an appeal to the City CouncN, to writing, accompanied by
an appeal fee, is ffled with the CN.y Berk within 15_, days of the-date of the signing of this decision or unless
members of the CNy CouncN 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 Unfted States MaN, a of the decision to the applicant and did forward
a copy to the qty Berk.
DATE: October 5, 1995 '~~
Betty Preston
Sr. Office Specialist
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