Resolution-ZA 1988-11G '
i,
•
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-11
PETITION NO.: VARIANCE N0. 3763
DATE OF PUBLIC HEARING: March 10, 1988
CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 3
OPPOSITION: No one indicated their presence in opposition; one letter in
opposition was received
OWNERS: BENJAMIN FISHER AND MARILYN R. FISHER, 241 Calle Da Gama, Anaheim,
California 92807
LOCATION: 6900 East Avenida De Santiago
REQUEST: Petitioner requests waiver of the. following, under authority of
Code Sections 18.12.060.040 and 18.12.060.090, to construct a
two-story, 32 foot high, single-family residence:
(A) SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic
Corridor Zone Overlay; 32 feet
proposed)
(B) SECTIONS 18.04.043.101 - Maximum Fence Height.
and 18.23.064.070 (3 feet permitted in front yard;
6 feet proposed)
.Having bees 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, that: '
1. That waiver (A) pertaining to maximum structural height for a portion of
the roof .and a chimney will have a minimal effect on nearby properties
because the longest axis of the proposed house is oriented so as to
minimally obstruct the views from nearby lots and that nearby lot grades
are typically 7 to 17 feet higher. or lower than subject property;
2. That. waiver (B) pertaining to maximum fence height in a front .yard is
minor because the 6-foot high wall protrudes less than 2 feet into the
25-foot deep front yard;
3. That there are special circumstances applicable to the property such as
size, shape, 'topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
ZA 88-11
•
Page 2
Variance No. 3763
4. 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 OUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to waive maximum structural height and maximum fence
height to construct a 32-foot high single-family residence on an
irregularly-shaped parcel of land consisting of approximately 1.2 acres
located at the northeast corner of Tamarisk Drive and Avenida de De Santiago,
having 'frontages of approximately 338 feet on the north side of Tamarisk Drive
and 75 feet on-the east side of Avenida De Santiago, and further described as
6900 East Avenida De Santiago; .and the Planning Director or his authorized
representative has determined that the proposed project-falls within the
definition of Categorical Exemptions, Class 3, as defined in .the State EIR
Guidelines and is, therefore,`categorically exempt from the requirement to
prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3763, subject to the following conditions:
1. That prior to issuance of a building permit, 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 approved by City Council
Resolution No. 55R-423.
2. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an amount
as .determined by the City .Council.
3. That prior to issuance of a building permit,_the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount.
as determined by the Citg Council.
4, That subject property.:.. authorized by this resolution shall be served by
underground utilities.
5. That any specimen tree removal shall be subject to the tree preservation
regulations 'in Chapter 18.54 of the Anaheim Municipal Code, the "SC"
Scenic Corridor Overlay Zone.
6. That, as specified in Anaheim. Municipal Code Section No, 18.84.041.012,
no roof-mounted equipment, whatsoever, shall be permitted.
ZA 88-11
Page 3
Variance No. 3763
7. -That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 6.
8. That prior to the issuance of a building permit or within a period of one
year from the date of this decision, whichever occurs first, Condition
Nos. 1, 2 and 3, 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 Nos. 4 and
7, above-mentioned, shall be complied with.
10. 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 .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.
..This decision is made, signed, and entered into the file this seventeenth day
of March, 1988.
f
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the .City
Council, in writing,'accompaned by an appeal fee,,i filed with the .City `
Clerk within 15 days of the date bf the signing of this decision or unless a
member 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 oa 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.
DATED : %`~~~=/~ _ ~~ j
Pamela H Starnes, Senior Secretary
0790p
ZA 88-11