Resolution-ZA 1988-17
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-17
PETITION NO.: VARIANCE N0. 3765 CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 3
DATE OF PUBLIC HEARING: March 24, 1988, continued to the meeting of April 7,
1988
OPPOSITION: Two interested people indicated .their presence at the March 24,
1988, public hearing; two people indicated their presence in opposition at the
April 7, 1988 public hearing. Correspondence: None.
OWNERS: JAMES TUNSTILL AND MAUREEN TUNSTILL, 6215 New Haven Court, Yorba
Linda, California 92686
LOCATION: 7415 East Hummingbird Circle
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct a two-story, 30-foot high, single-family
residence..
SECTION 18.84.042.011 -Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
Zone Overlay; 30 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:
1. That the waiver is approved, in part, for a maximum height of twenty-seven
{27) feet instead of thirty (30) feet on the basis that the building
height., as viewed from Hummingbird Circle will be 25 feet above said
street; and the adjacent lots have higher and lower building pads and
Canyon Rim Road is about. 30 feet lower than subject building pad.
2. That the request is approved for. two chimneys, two towers and a hip roof.
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to construct a 30-foot high, single-family residence
on an irregularly-shaped parcel of land consisting of approximately 0.74 acre,
having a frontage of approximately 79 feet on the southwest side of
Hummmingbird Circle, having a maximum depth of approximately 314 feet and
being located approximately 90 feet north of the centerline of Canyon Rim Road
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Variance No..3765
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and further described as 7415 East Hummingbird Circle; 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 he requirement to prepare an'EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3765, in part, 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 resolution shall be served by
underground utilities.
5. 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 developedsubstantiallyin accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. l through 6; provi$ed, however, that the maximum. building height
shall be twenty-seven (27) feet instead of thirty {30) feet.
Z 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. -
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.
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ZA 88-17
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Variance No. 3765
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This decision is made, signed, and entered into the file this twelfth day of
April, 1988. f, - ~~ ~ ~ ~ ¢-
Annika M. Santalahti
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 United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED:
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Pamela H. Starnes, Senior Secretary
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3 ZA 88-17