Resolution-ZA 1996-08~i ~ •
.DECISION NO. ZA 96-08
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4290
OWNERS: Paul and Stephanie Mattucci
1270 North Sunshine Way
Anaheim, CA 92806
AGENTS:.. Stephen and Teri Valder
1270 North Sunshine Way
Anaheim, CA 92806
LOCATION: 6413 EAST VIA ARBOLES
CEQA STATUS: CATEGORICAL EXEMPTION, CLASS 5
HEARING DATE: MARCH 14, 1996
OPPOSITION: No one indicated their presence at the public hearing in opposition and one letter
indicating concern was received.
SUPPORT: Sixteen area residents signed a petition indicating they. did not object to the proposal.
REQUEST:. Petitioner requests. waiver of the following to construct a 2,364 sq.ft. single-family
residence:
Sections 18.12.060.040 - Maximum structural height.
18.27.062.0201 2 feet permitted in the Scenic Corridor Zone
and 18.84.042.010 Overlay; 27. 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 thedate set forth above, I do hereby find:
1. That the visual impact of the proposal is minimal because the permitted height is exceeded by only
two and one-half feet and only 12% of the roof area exceeds 25 feet (maximum 10°.6 is permitted
by Code for a maximum 30-foot building height);
2. That there is a special circumstances applicable to the property consisting of its location, which
does not apply to other identically zoned properties in the vicinity, because subject property is
impacted by a pipeline easement located on the northern portion of the property, that the easement
is elevated 3 to 5 feet above subject property's building pad elevation, and that raising the pad
elevation to compensate for the grade difference would adversely affect the surrounding residences;
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 FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of maximum structural height to construct a single family residence on a rectangularly-
shaped parcel consisting of approximately 0.16 acre, having a frontage of approximately 66 feet on the north
side of Via Arboles, having a maximum depth of approximately 107 feet, being located approximately 350
east of the centerline of Ramsgate. Drive and further described as 6413 East Via Arboles; and that the
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Planning Director or his authorized representative has determined that the proposed project is Categorically
Exempt, Class 5, as defined by the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, 1 do hereby determine to approve Variance No.
4290, subject to the following conditions:
1. That the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an
amount as specffied in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern
Transportation corridor, in the amount established by City Counci{ resolution.
2. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim, in the amount
established by City Council resolution.
3. That the, applicable fee shalt be paid to the City ofi Anaheim for Santa Ana Canyon Road widening
purposes, in the amount as established by City Council resolution.
4. That the traffic and transportation Improvement fee shall be paid to the City of Anaheim, Traffic
Engineering Division, in the amount established by City Council resolution. This fee will be used to
fund traffic and transportation improvements within the area impacted by this project.
5. 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 5.
6. 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 and 4, above-mentioned, shall be complied
vrRh. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections, Condition No. 5, above mentioned, shall be
complied with.
8. 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 approva{
of the request regarding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this 21st day of March, 1.996.
~9~i^ rtet ~,%~ ~ `
Annika M. antalahti, oning A min str or
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. p y !,, ~ n
DATED: March 21, 1996 ~ t/1 ! D L 0, / ' _ W iti n ~"~ ~ i 1
Danielle Mas iel, or Processing perator
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