Resolution-ZA 1988-57=-. "~
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-57
PETITION: VARIANCE N0. 3839 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: October 6, 1988, continued from the public hearing of
September 8, 1988.
OPPOSITIONe 3 people attended the public hearing and spoke in opposition; and
4 letters in opposition were received.
OWNERS: CHARLES E. SUGGETT AND PRISCILLA L. SUGGETT
6017 East Queens Drive, Anaheim, CA 92807
LOCATION: 7571 East Martella Lane
REQUEST: Petitioner requests .waiver of the following under authority of
Code Section .18.12.060.040 to construct a 2-story, 35.5-foot
high, single-family residence:
SECTIONS. 18.23.062.010 - Maximum Structural Height.
and 18.84.042.011 (30 feet permitted in the RS-HS-22,000
Zone and 25 feet permitted in the Scenic
Corridor Overlay Zone;
35.5 .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, as approved for a maximum height of 30 feet, is
minimal because the front elevation height of .the proposed dwelling will
range from 30 to 21 feet as seen from Martella Lane (the only abutting
public access) with the average being 25.5 feet high;. and, further, that
the overall impact of the approved height is minimized by the different
.grade levels of the adjacent building pads and by the existing slopes of
both the lot and Martella Lane:. Martella Lane abutting subject lot
slopes down about 8 feet in an east-west direction and subject lot slopes
down from Martella Lane approximately 9 feet from the southwest corner of
the'lot (at Martella Lane) to the lowest grade at the garage (northwest
corner of the dwelling) and approximately 3 feet down from the driveway
entrance on Martella Lane to the lowest grade at the garage;
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.
ZA 88-57
•
Page 2
Variance No. 3839
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has .reviewed the proposal for waiver of maximum structural height to construct
a 2-story, 35.5-foot high, single-family. residence on an irregularly-shaped
parcel of land consisting of approximately 0.5 acre, having a frontage of
approximately I00 feet on the northeast side of Martella Lane, having a
maximum depth of approximately 250 feet, being located approximately 870 feet
north of the centerline of Mohler Drive and further described as 7571 East
Martella Lane; 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. 3839, in part for a maximum building height of 30 feet,
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 Martella Lane shall be developed in accordance with the Engineering
Department's Standard Detail No. 118 for private streets within the
Mohler Drive Area.
5. That prior to issuance of a building permit, that the appropriate
drainage assessment and sewer assessment fees shall be paid to the City
of Anaheim in an amount as determined by the City Engineer.
6. That the new construction authorized by this resolution shall be served
by underground utilities.
7. That any .specimen tree removal shall be subject to the tree preservation
regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC"
Scenic Corridor Overlay Zone.
8. That, as specified in Anaheim Municipal Code Section No. 18..84.042.012,
,no .roof-mounted .equipment, whatsoever, or ground-mounted radio or
television antennas shall be permitted.
O110g
2
ZA 88-57
. • ~
Page 3
Variance No. 3839
9. That no driveway grades shall exceed ten percent (10~) except by prior
approval of the City Fire Department and the Engineering Department.
10. That a parking plan indicating compliance with City parking design
standards for garages shall be submitted to and approved by the City
Traffic Engineer.
11. 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; provided, however, that the maximum building height
shall not exceed thirty (30) feet.
12. 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, 3, 5 and 10, 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.
13. That prior to final building and zoning inspections, Condition Nos. 4, 6,
9 and 11 above-mentioned, shall be complied with.
14. 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 thirteenth day
of October, 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 .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: ~.j, `~ ~Q
~`~.'
Pamela H. Starnes, Executive Secretary
0110g 3 ZA 88-57