Resolution-ZA 1988-36~..
t •
•
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-36
PETITION NO.: VARIANCE N0. 3802
CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3-A
DATE OF PUBLIC HEARING: June 16, 1988
OPPOSITION: No one indicated their presence in opposition, and no
correspondence was received.
OWNERS: CHANDER P..SHARMA AND VEND SHARMA, 3356 West Ball Road,
Anaheim, CA 92804
AGENT: DEVELOPERS' ENGINEERS, ATTN: GARY PERRINS, 1401 N. Batavia, Suite
104, Orange, CA 92667
LOCATION: 5151 E. Crescent Drive
REQUEST: Petitioner requests waivers of the following under authority of
Code Section 18.12.060.040 to construct a Z-story, 31-foot high,
single-family residence:
Sections 18.84.042.011 - .Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
Zone Overlay; 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 petitioner's architect clarified and stipulated at the public
hearing that the maximum building height would be twenty-nine (29) feet
to the highest roof ridgeline, not thirty-one (31) feet;
2. That the request is minimal because of the hilly nature of the site with
the building pad being at least l0 feet higher than Crescent Drive,. more
than 20 feet higher than the house to the east, about l0 feet lower than
the house to the west and with the houses to the north having a view in
the opposite (northerly) direction;
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 2-story, 31-foot high, single-family
residence with waiver of maximum structural height on an irregularly-shaped
parcel of land. consisting of approximately 1 acre, having a frontage of
~ •
Page 2
Variance No. 3802
approximately 210 feet on the north side of Crescent Drive, having a maximum
depth of approximately 235 feet and being located approximately 760 feet west
of the centerline of Royal Oak Road and further described as 5151 East
Crescent Drive; and that 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. 3802 for a maximum building height of twenty-nine (29)
feet to the highest roof ridgeline, 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 City Council Resolution.
4. .That prior to issuance of a building permit, that the appropriate
drainage assessment fees shall be paid to the City of Anaheim in an
amount as determined by the City Engineer.
5. That subject property authorized by this resolution shall be served by
underground utilities.
6. .That prior to rendering of water service, the appropriate fees due for
primary mains, and fire protection service shall be paid to the Water
Utility Division by the legal property owner/developer in accordance with
Rules 15A and 20 of the Water Utility Rates, Rules and Regulations.
7. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
no roof-mounted equipment, whatsoever, shall be permitted.
8. .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 provided, however, that the maximum building height
shall be twenty-nine (29) feet to .the highest roof ridgeline.
2 ZA 88-36
n
".1 d~
Page 3
Variance No. 3802
9. That prior to issuance of a building permit, or within a period of one
.year from the date of this decision, whichever occurs first, Conditions
Nos. l through 4 and 6, 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.
10. That-prior to final building and zoning inspections, Condition Nos. 5, 7,
and 8, above-mentioned, shall be complied with.
11. 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 twenty-third day
of June, 1988.
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: June 23, 1988 ~
Pamela H. Starnes, Senior Secretary
0055g
3 ZA 88-36