Resolution-ZA 2006-25i •
RESOLUTION NO. ZA2006-25
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT
NO.2006-00290 BE GRANTED
(455 SOUTH COUNTRY HILL ROAD)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State
of California described as:
PARCEL 1:
THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF
ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 45 OF RECORD
SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
SHOWN AS PARCEL 4 ON A MAP FILED IN BOOK 63, PAGE 22 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHEASTERLY 30
FEET OF PARCELS 1 AND 3 AS SHOWN ON MAP FILED IN BOOK 63, PAGE 22 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on October 12, 2006 at 9:30 a.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
That the petitioner proposes waiver of the following to construct a two story addition to an
existing single family residence:
SECTION NO. 18.18.060.010 Maximum structural heioht
25 feet permitted; 27 feet, 5 inches
proposed)
2. That this request was originally processed as anon-discretionary Administrative Adjustment
in accordance with subsection 18.18.060.010 of the Anaheim Municipal Code which permits waiver of
maximum height when the deviation from the Code requirement does not exceed 10%, and when no
opposition is received during a 10-day public notification period. Public notice regarding this proposal was
mailed to property owners within a 300 foot radius of the subject property within the 10-day notification period
which ended on August 16, 2006. A letter of opposition was received; therefore, in accordance with
subsection 18.62.040.050, a public hearing was scheduled to consider the proposal.
3. That the impacts of the 2.5 foot roof height deviation would be negligible since the excess
roof height would cover approximately 6.7% of the property and since the property is adjacent to an existing
300 foot wide SCE easement and public park; therefore, scenic views of adjacent residential properties
would not be affected.
ADJ No. 2006-00290.doc -1- ZA2006-25
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4. That waivers of maximum structural height have been approved for other properties in the
area; therefore, strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity.
5. That except for the requested waiver, all other development standards of the RH-2 (SC)
(Single-Family Hillside Residential, Scenic Corridor Overlay) Zone will be complied with; and that
surrounding and nearby residences will not be adversely impacted as a consequence of this request.
5. That two letters were received from adjacent neighbors in support of the subject building
height waiver request.
6. That nobody indicated their presence at the public hearing in opposition to the proposal.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Administrative Adjustment, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the 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 - 4, as conditioned herein.
2. That prior to issuance of a building permit, or within a period of one (1) year from the date of
this resolution, 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 Code Section No. 18.60.170
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.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of
October 12, 2006. 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 fifteen (15) days from the date of the signing
of this decision or unless members of the City Council shall request to review this decision within twelve (12)
days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
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DATE
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ANAHEIM ZONING ADMINISTRATOR
ATTE
S NIO SE ARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on October
12, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand this ~%~,~= day of
y , 2006.
U,
R. SEC ,ANAHEIM ZONING ADMINISTRATOR
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