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Resolution-ZA 1988-28. • • DECISION OF THE ZONING ADMINISTRATOR-ZA 88-28 PETITION NO.: VARIANCE N0. 3778 CEQA STATUS: NEGATIVE DECLARATION DATES OF PUBLIC HEARING: May 5, 1988, continued to the meeting of May 19, 1988. OPPOSITION: One person indicated her presence at the public hearing, and two letters and a petition with 17 signatures were received. OWNER: PRADO WOODS CORP., ATTN: .TED LLOYD, 1156 N. Tustin Avenue, Orange, CA 92675. LOCATION: 24 acres located northeast of the northeast corner of Avenida de Santiago and Hidden Canyon Road; also described as Lot Nos. 6, 7, 8, 11, 12, 13, and 14 of Tract No. 8520. REQUEST: Petitioner requests-waiver of the following under authority of Code Section 18.12.060.040 to construct 7 single-family residences: SECTION 18.84.042.011 - Maximum Structural Height. (25 feet permitted in the Scenic Corridor Zone Overlay; 26. 26.5, 28.5, 30.5 and 31 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 request is minimal because the grades of subject lots are 65 to 161 feet above existing nearby dwellings to the west and north, that there will be no development across the street on the south side of Avenida de Santiago, that the grade differences between adjacent lots in subject tract range from 4 to 65 feet and that the highest roof ridgeline is 29 feet high with the highest chimney being at 31 feet 10 inches; 2. 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 3. 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 7 single-family. residences on an irregularly-shaped parcel of land consisting of„approximately 24 acres located northeast of the northeast corner of Avenida de Santiago and Hidden Canyon Road, having approximate frontages of 924`feet on the east side of Hidden Canyon Road and. 1900 feet on the northwest side of Avenida de Santiago and further described as Lot Nos. 6: 7, 8, 11, 12,:13 and,14 of Tract No. 8520; and does hereby approve the Negative Declaration upon finding that she has Revision Condition No. 5, page two, 6/1/88. .. ~--~ ~-- Page 2 Variance No. 3778 considered the Negative Declaration together with any comments received during the public review process and further ,finding on the basis of .the initial study and any comments received that there is no substantial evidence that the project will .have a significant effect on the environment. Based on the evidence and testimony presented to me, I do hereby determine to ..approve Variance No. 3778, 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 fire sprinklers shall be installed as required by the City Fire Marshall for lots ~ and 11. 6. That, as specified in Anaheim Municipal Code Section'No. 18.84.041.012, no roof-mounted equipment, whatsoever, shall be permstted. 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 ~7. 8. 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. 9. That prior to final building and zoning inspections, Condition Nos. 4, 5, 6 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. 2 ZA 88-28 Revision Condition. No. 5, 6/1/88. ~ xl • • Page 2 Variance No. 3778 considered he Negative Declaration together with any comments received during the public view process and further finding on the basis of the initial study and an comments received that there is no substantial evidence that the project will h ve a significant effect on the environment. Based on the evi nce and testimony presented to me, I do hereby determine to approve Variance 3778, subject to the following conditions: 1. That prior to i suance of a building permit, the appropriate major thoroughfare and ridge fee shall be paid to the City of Anaheim in an amount as specifie in the Major Thoroughfare and Bridge Fee Program for the Foothill/Easter Transportation Corridor, as approved by City Council Resolution No. 85R-4 3. 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 Cit Council. 3. That prior to issuance of building germit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Co ncil. 4. That subject property authorizl~d by this resolution shall be served by underground utilities. 5. That fire sprinklers shall be ins~lled as required by the City Fire Marshall for lots l and 7. 6. That, as specified in Anaheim Munici~l Code Section No. 18.84.041.012, no roof-mounted equipment, whatsoever, shall be permitted. 7. That subject property shall be developed substantially in accordance with plans and-specifications on file with the ity of Anaheim marked Exhibit Nos. 1 through 27. 8. That prior to issuance of a building permit, o within a period of one year from the date of this decision, .whichever ccurs first, Condition Nos. 1, 2 and 3, above-mentioned, shall be compli d with. Extensions for further time to complete said conditions may be gr ted in accordance with Section 18.03.090 of the Anaheim Municipal Code 9. That prior to final building and zoning inspections, Co ition Nos. 4, 5, 6 and 7, above-mentioned, shall be complied with. 10. .That approval of this application constitutes approval of th .proposed request only to the extent that it complies with the .Anaheim unicipal Zoning Code and any other applicable. City regulations. Approv does not include any action or findings as to compliance or .approval of e request regarding any other applicable ordinance, regulation or requirement. 2 ZA 88-28 a., i • Page 3 Variance No. 3778 This decision is made, signed,. and entered into .the file this twenty-sixth day of May, 1988. a, /~f~~c .~~~oL~^y~L2%Gl~ad 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 davs 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 : (/ U ~.~l~Y!'L!~ ~V. Pamela H. Starnes, Senior Secretary 0027g 3 ZA 88-28