Resolution-ZA 2001-34
DECISION NO. ZA 2001-34
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04449
OWNER: Peralta Hills LLC
Attn: Brian Kerr
34 Balboa Coves
Newport Beach, CA 92633
LOCATION: 194 South Lakeview Avenue
HEARING DATE: September 6, 2001, continued from the August 23, 2001 meeting.
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 waiver of the following to construct five single-family residences in
the RS-HS-43,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay)
Zone:
Sections 18.12.060.040 - Maximum structural height.
18.22.062.010 (25 feet permitted, with height exceptions up to
18.22.062.020.0201 30 feet if no more than 10% of the roof area exceeds
18.84.042.010 25 feet;
and 18.84.042.020.0202 27.5 to 32 feet proposed for an average 13% of the
roof areas)
18.84.042.020.0202: ridgelines (of roof areas exceeding 25' high) shall not exceed 10' in length or 10% of
the combined total length of all ridgelines of the dwelling, which ever is less;
18.84.042.020.0202.x: provided that max height is 30';
18.84.042.020.0202.b: provided that such areas over 25' do not exceed 10% of the total roof area
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 petitioner submitted information at the September 6, 2001 meeting to clarify and
correct data contained in the Staff Report to the Zoning Administrator dated September 6, 2001 regarding
the proposed square footages of roof area for each of the five proposed dwellings (9,010 to 11,038 sq.ft.),
the square footage of each roof area which is over 25 feet high (218 to 2,583 sq.ft.), and the percentage of
each roof area which is over 25 feet high (2% to 29%); and that the average percent of roof area
exceeding 25 feet high is 13%.
2. That the waiver, maximum structural height, is hereby approved on the basis that there
are special circumstances applicable to this property based on the existing and proposed grading of the
property and the siting of each proposed house relative to the grading; and that the proposed house near
the top of the hill is one-story to minimize its visual impact relative to adjacent properties and streets, and
the other houses are sited with the hill behind them which minimizes their visual impact, as illustrated by
the line-of-sight and contour drawings submitted by the petitioner.
3. That the architectural design of the proposed houses minimizes the visual impact of the
proposed heights because "rotundas" account for three of the roof areas which exceed 25 feet, and all of
the roof areas exceeding 25 feet high are at the interior of the house (instead of being along perimeter
walls); and that there are no windows (other than skylights) at a height of 25 feet or more.
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4. That vehicle access to the proposed houses will be provided be a single driveway/private
street off Lakeview Avenue.
5. That if any future property owners seek to increase the building heights specifically
approved herein, they must submit an application for, and obtain approval of, a separate administrative
adjustment or variance.
6. That there are special circumstances applicable to the property such as topography,
location and surroundings, which do not apply to other identically zoned properties in the vicinity.
7. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity.
8. That the petitioner testified neighbors and the area homeowners association were
contacted and did not oppose to the proposal; and that one neighbor was present at the public hearing
and indicated his support.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of maximum structural height to construct five single-family residences in the RS-
HS-43,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone on an irregularly-
shaped 6.2-acre property having a frontage of 535 feet on the north side of Lakeview Avenue, located
approximately opposite and between Cerro Vista Drive and Peralta Hills Drive, having a maximum depth
of 745 feet, and further described as 194 South Lakeview Avenue; and does hereby approve the Negative
Declaration upon finding that she has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will have a significant effect on
the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2001-04449, 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 and 2, and Revision No. 1 of Exhibit Nos. 3-17.
2. 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 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.
4. That if the height of any of the approved houses is proposed to be further increased, the property
owner(s) shall submit an application for waiver of building height in accordance with Section
18.03.050 of the Anaheim Municipal Code.
This decision is made, signed, and entered into the file this September 13th day of 2001.
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Annika M. Santalahti, Zoning dministrator ~,p~
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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 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. //,
DATE: September 13, 2001
Patricia Koral, Senior ord P ocessing Operator
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