Resolution-ZA 1988-59ri.
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-59
PETITION: ADMINISTRATIVE ADJUSTMENT N0. 0013 CEQA STATUS: CATEGORICAL
EXEMPTION CLASS-5
DATE OF PUBLIC HEARING:. October 6, 1988
OPPOSITION: One person indicated his presence at the public hearing in
opposition; and .one letter in opposition was received.
OWNER: Fereidon Hakimijoo, 552 Los Coyotes Drive, Anaheim, CA 92807.
LOCATION: 7425 East Hummingbird Circle
REQUEST: Petitioner requests waiver of -the following under authority of
Code Section No. 18.12.060.040 to construct a 2-story, 27.5 foot
.high, single-family residence:
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic Corridor;
27.5 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 is minimal, consisting only of a 10~ deviance from Code
on an existing building pad that is about 10 feet.. lower than the lot to
the northeast-across Hummingbird Circle, about 3 feet lower than the
neighboring lot to the southeast, about 3 feet higher. than the
neighboring lot to the northwest, and more-than 20 feet above Fairmont
Boulevard to the west;
2. That the. roof area above the 25-foot limit is located more than 50 feet
from the front property line (Hummingbird Circle), it amounts to less
than 18~ of the total roof area and it encloses-a 4-foot high attic space
which cannot be converted to living area;
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.
ZA 88-59
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Page 2
Administrative Adjustment No. 0013
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.CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed_ the proposal to construct a 2-story, 27.5 foot high, single
family residence with waiver of maximum structural height on an
irregularly-shaped. parcel of-land consisting of approximately 0.70 acre,
having-a frontage. of approximately 83 feet on the west side of Hummingbird
Circle, having a maximum depth of approximately 314 feet, being located
approximately 620 feet north of the centerline of Canyon Rim Road, and further
described as 7425 East Hummingbird Circle; and that the Planning Director or
his authorized representative has. determined that the proposed project falls
within the definition of Categorical Exemptions, Class 5, 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 Administrative Adjustment No. 0013, 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, the appropriate traffic
signal assessment fee shall be paid. to the .City of Anaheim in an amount
as determined by City Council resolution.
3. That the vehicular access rights to Fairmont Boulevard, shall be
dedicated to the City of Anaheim.
4. 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.
5. 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.
0129g 2 ZA 88-59
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Page 3
Administrative Adjustment No. OU13
6. That prior to final building and zoning inspections, Condition No. 5,
above-mentioned, shall be complied with.
7. 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 davs 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 : D ~-'~(,G~i ~. ~ , ~ 1 ~~
Pamela H. Starnes, Executive Secretary
0129g 3 ZA 88-59