Resolution-ZA 1988-15
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-15
PETITION NO.: VARIANCE N0. 3767
CEQA STATUS: Categorical Exemption -
Class 3
DATE OF PUBLIC HEARING: March 24, 1988
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received in opposition.
OWNERS: MARILYN K. 5ALSBURY AND GLEN J. SALSBURY, 249 S. Hillcrest Street,
Anaheim, California 92807
LOCATION: 1130 South Tamarisk Drive
REQUEST: Petitioner requests waiver of the following under Authority of Code
Section 18.12.060.040 to construct a 2-story, 35-foot high, single-family
residence:
SECTION 18.84.042.011-Maximum Structural Height.
(25 feet permitted in the Scenic
Corridor. Zone Overlay; 35 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 the
date set forth above, I do hereby find, that:
1. That the proposal includes a 35-foot high tower (2~ of the total roof
area) and 29-foot high roof ridges (18~ of the roof area);
2. That the impact on nearby properties is minimal because a 25-foot high
hill blocks the view from the west, there will be no development on the
south side of Tamarisk Drive, and the houses to the north are at grades
ranging from 25 to 3? feet below subject building pad;
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
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
..
Page 2
Variance No. 3767
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGz That the Zoning Administrator
has. reviewed the proposal to construct a 2-story, 35-foot high, single-family
residence on an irregularly-shaped parcel of land-consisting of approximately
2 acres, having a frontage of approximately 316 feet on the northwest side of
Tamarisk. Drive, having a maximum depth of approximately 428 feet and being
located approximately 400 feet southeast of the centerline of Avenida de
Santiago and further described as 1130 South Tamarisk Drive; 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. 3767, 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. 85R-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 City Council.
4. That subject property authorized by this decision shall be served by
underground utilities.
6. That, as specified in Anaheim Municipal Code .Section No. 18.84',042.012,
no roof-mounted equipment, whatsoever, shall be permitted.
6. 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 8.
7. That prior to 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.
8. That prior to final building and zoning inspections, Condition Nos. 4 and
6, above-mentioned, shall be complied with.
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Page 3
Variance No. 3767
9. 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 thirty-first day
of March, 1988.
Annika M. 5antalahti
Zoning Administrator
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 days of the date of 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 on the date set-forth below, I did deposit, in the'Unted States Mail, a
copy of the decision to'the applicant and did forward a copy to the City Clerk.
DATED : ` ~ O
Pamela H. arnes Senior Secre cry
0856p
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