Resolution-ZA 2006-26L~
RESOLUTION NO. ZA2006-26
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A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04699 BE GRANTED
(4500 EAST CERRO VISTA DRIVE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL A: PARCEL NO. 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN BOOK 9, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: ANON-EXCLUSIVE EASEMENT FOR THE INSTALLATION OF WATER SERVICE LINES,
METERS AND INCIDENTAL EQUIPMENT UNDER AND ACROSS THAT PORTION OF LOT 28,
TRACT NO. 59, PERALTA HILLS TRACT NO.2 AS PER MAP RECORDED IN BOOK 10, PAGE 18 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
INCLUDED WITHIN A STRIP OF LAND 5.00 FEET WIDE, THE WESTERLY AND SOUTHWESTERLY
LINE WHICH IS DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THAT CERTAIN LINE DESCRIBED AS HAVING A BEARING OF NORTH
59° 32' 45" EAST AND A DISTANCE OF 281.00 FEET IN THE DEED TO DUPONT B. UPSHAW,
RECORDED DECEMBER 28, 1967 IN BOOK 8477, PAGE 851, OFFICIAL RECORDS, SAID POINT
BEING DISTANT THEREON SOUTH 59° 32' 45"WEST 60.00 FEET FROM THE NORTHEASTERLY
LINE OF THE LAND CONVEYED TO SAID DUPONT B. UPSHAW, IN SAID ABOVE-MENTIONED
DEED, SAID POINT BEING THE NORTHEASTERLY LINE OF PARCEL NO. 3, AS SHOWN ON A MAP
FILED IN BOOK 9, PAGE 14 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL NO. 3 AND THE
SOUTHWESTERLY AND WESTERLY LINE OF PARCEL NO. 1, AS SHOWN ON SAID PARCEL MAP,
NORTH 66° 42' 08"WEST 75.85 FEET, NORTH 36° 04' 03' WEST 119.26 FEET AND NORTH 7° 20'
00" EAST 132.20 FEET. THE NORTHEASTERLY AND EASTERLY LINE OF SAID STRIP OF LAND IS
TO BE LENGTHENED OR SHORTENED SO AS TO TERMINATE AT ANGLE POINT AND
NORTHERLY AT THE NORTHERLY LINE OF SAID PARCEL NO. 1 AND SOUTHERLY AT THE
SOUTHERLY LINE OF SAID PARCEL NO. 3 .
PARCEL C: ANON-EXCLUSIVE EASEMENT FOR INSTALLATION AND MAINTENANCE OF WATER
SERVICE LINES, METERS AND INCIDENTAL EQUIPMENT ACROSS THE SOUTHERLY 5.0 FEET
OF THE WESTERLY 129.41 FEET OF PARCEL NO. 2, AS SHOWN ON A MAP THEREOF FILED IN
BOOK 9, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. THE NORTHERLY LINE OF SAID EASEMENT TO TERMINATE EASTERLY IN A TINE
PARALLEL WITH AND DISTANT EASTERLY 5.0 FEET FROM THE EASTERLY LINE OF PARCEL NO.
3, AS SHOWN ON SAID PARCEL MAP ASSESSOR'S PARCEL NO: 361-231-22.
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 18.60
"Procedures", to hear and consider evidence for and against said proposed variance 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:
VAR No. 2006-04699.doc -1- ZA2006-26
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1. That the petitioner proposes waiver of the following to expand an existing single-family
residence:
SECTION NO. 18.18.060.010 Maximum structural height
l25 feet permitted; 30 feet 10 inches proposed)
2. That the requested waiver pertaining to maximum structural height is hereby approved since
there are special circumstances applicable to the property since there are no other viable areas on the
property to construct a new addition, including a 3-car garage, other than the location of the subject addition.
3. That there are special circumstances that apply to this property and that strict application of
the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in
the vicinity.
4. That the height deviation request would be negligible and no adjacent neighbors would be
negatively affected by the proposed roof height since said roof height would not exceed eighteen (18) feet on
three elevations. The height waiver is requested for the west elevation only (facing Cerro Vista Way).
5. That one neighbor indicated their presence at said public hearing in opposition, and that two
letters were received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, 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 all grading shall conform to requirements of Chapter 17.06 of the Anaheim Municipal
Code. A grading plan shall be submitted to the Public Works, Development Services Division for review and
approval. A grading public hearing is required for cut or fills exceeding 100 cubic yards.
2. That due to a sewer deficiency existing in the neighborhood, a second unit cannot be
permitted on the subject property; therefore, a kitchen shall not be permitted within the subject addition.
3. 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 - 5, as conditioned herein.
4. 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 Nos. 1 and 3, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Code Section No.
18.03.090 of the Anaheim Municipal Code.
5. 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.
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6. [Added at the public hearing] That aRight-of-Way Construction Permit shall be obtained from
the Public Works Department for the new driveway approach on Cerro Vista Way. Plans shall also be submitted
to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering
Standard No. 115 pertaining to sight distance visibility for the walUfence locations. Said information shall be
specifically shown on plans submitted for building permits.
7. [Added at the public hearing] That permits shall be obtained from the Public Works
Department for all street tree removal and/or replacement for any trees located within the public right-of-way.
Said information shall be specifically shown on plans submitted for building permits
8. [Added at the public hearing] That all proposed retaining walls shall comply with Anaheim
Municipal Code Section 18.46.110.130 pertaining to the height of solid retaining walls visible to public rights-
of-way. Said information shall be specifically shown on plans submitted for building permits.
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. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedur :and may be replaced by a City
Council Resolution in the event of an appeal.
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DATE ANAHEIM ZONING ADMINISTRATOR
ATT
ENIOR S TARY, 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 hereunt t my hand this ~,~~~~ ay of
2006.
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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