Resolution-ZA 1988-52,,r
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DECISION OF THE ZONING ADMINISTRATOR N0. ZA 88-52
PETITION:. VARIANCE N0. 3832 CEOA STATUS: CATEGORICAL EXEMPTION,
CLASS 3
DATE OF PUBLIC HEARING: August 11, 1988.
OPPOSITION: 7 people indicated their presence and 1 person spoke in
opposition at the public hearing; and 2 letters in opposition
were received.
OWNER: GILBERT L. WIGGAM and KATHLEEN WIGGAM, 768 Fairway Lane, Anaheim
Hills, CA 92807
LOCATION: 6860 East Avenida de Santiago
REQUEST: Petitioner requests waivers of the following under authority of
Code Sections 18.12.060.040 and 18.12.060.050 to construct a
2-story, 29 foot high, single-family residence:
(A) SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic
Corridor Overlay Zone; 29 feet
proposed)
(B) SECTION 18.23.063.011 - Minimum Fountain Setback.
(25 feet permitted; 15 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 proposal is minimal because only two portions of the roof: the
top of a circular tower (11-foot diameter) and a short roof ridge (18 feet
long) amounting to about 5~, of the proposed roof area, exceed the height
limitation;
2. That the subject property location is such that the proposal has minimal,
if any, impact on nearby residences because the adjacent property to the
southeast is more than 50 feet lower, the adjacent property to the
southwest is about 10 feet higher with a 6-foot high block wall along the
shared property line, and the nearby properties to the northwest across
Avenida de Santiago are about 5 feet higher; and that all the nearby
properties have view orientations which do not face subject property;
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
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Variance No. 3832
4. That strict application o
privileges enjoyed by other
in the vicinity.
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f the Zoning Code deprives the property of
properties in identical zoning classification
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waivers of maximum structural height and minimum
fountain setback to construct a 2-story, 29-foot high, single-family residence
on an irregularly-shaped parcel of land consisting of approximately 1.11 acres
located at the southeast corner of Tamarisk Drive and Avenida De Santiago,
having frontages of approximately 277 feet on the southwest side of Tamarisk
Drive and 172 feet on the southeast side of Avenida De Santiago, and further
described as 6860 East Avenida de Santiago; 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. 3832, subject to the following conditions:
1. That unless proof of exemption is submitted in compliance with City
Council Resolution No. 85R-423, 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 a site plan indicating compliance with City parking and driveway
design standards shall be submitted to and approved by the City Traffic
Engineer prior to the issuance of a building permit.
5. That subject proposal 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.
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 4.
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ZA 88-52
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Variance No. 3832
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. I through 4, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance
with Section 1$.03-.090 of the Anaheim Municipal Code.
9. That prior to final building and zoning inspections, .Condition Nos. 5 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 eighteenth day
of August, 1988.
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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
members 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:
Pamela H. Starnes, Executive Secretary
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3 ZA 88-52