Resolution-ZA 1988-71f
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DECISION OF THE ZONING .ADMINISTRATOR - ZA $8-71
PETITION: VARIANCE'N0. 3861 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: November 3, 1988, continued:. to the meeting of
December 1, 1988.
SUPPORT: One person indicated his presence in support at the November 3rd
and December lst hearings, and 5 letters in support of the
proposal were received.
OPPOSITION: One person indicated his presence in opposition at the November
3rd hearing and 3 people indicated their presence in opposition
at the December 1st hearing, and 2 letters-and one petition with
12 signatures in opposition were received.
OWNER; MAYNARD HAL GABBER, 401 Paseo Estrella, Anaheim, CA 92807
AGENT: NICK GISOTTI, 132-A South Imperial Highway, Anaheim, CA 92807
LOCATION:- 5025 East Crescent Drive
REQUEST: Petitioner"requests waiver of the following under authority of
,Code Section. 18.12.. 060.040 to construct a 2-story, 34-foot.. high,
Ingle family residence:
SECTION 18.84.042.011 - Maximum structural height...
(25 feet permitted. in the Scenic
Corridor; 31=foot 2-inch ridgeline
plus 2-foot chimneys proposed).
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim .Municipal 'Code Section;18.12.p40, 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 approved, in part, to permit a maximum building
height of 27-1/2 feet with the double chimney not to exceed an additional
2 feet;
2. That the request, as approved, is minimal because the proposed dwelling
will be set back ,from Crescent Drive seven times .farther than required by
the underlying RS-HS-43,000 "Residential, Single-Family Hillside." zoning
(about 106 feet instead of lb feet):; that the `approved height is .only 10~
higher than permitted by .Code. and .that .the roof area exceeding the
25-foot height limitation amounts. to only 20.6 of the total roof 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.
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Page 2
Variance No.-3861
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a"2-story, 34-foot high, single family .residence on a rectangularly-shaped
parcel of land consisting of approximately 1.0 acre located at the northwest
corner of Crescent Drive and Ferrari Way, having frontages. of approximately
133 feet on the north side of Crescent Drive and 305 feet. on the west side of
Ferrari :Way, and further described as 5025 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 he State EIR Guidelines and is, therefore, categorically
exempt"from he requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance: No. 3861, in part, 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, 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 Crescent Drive shall be improved in accordance with the-Engineering
Department"s Standard 'Detail No. 117, including preparation of
improvement plans, and that security in the form of a bond, Certificate
of Deposit, Letter of Credit or cash in an amount and 'form satisfactory
to the City of Anaheim, shall be posted with the City. to guarantee the
satisfactory completing of said improvements.- Said security .shall be
posted with the City prior to approval of improvement plans, to guarantee
the installation of the above required improvements prior to occupancy.
4. That drainage of subject .property shall be disposed of in a manner
satisfactory to the City Engineer.
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 3, and Revision No. l of Exhibit Nos. 4 .through 7;
;provided, however, that (a) the maximum building height to the highest
roof ridgeline shall be twenty seven and one-half (27-1/2) feet, (b) the
maximum chimney height shall be an additional two-(2) feet, and (c) the
area of the roof exceeding twenty. five (25) feet in height shall not
exceed twenty and six tenth percent,(20.6~) of the total roof .area as
shown on Revision No. 1 of Exhibit No. 4.
01588
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ZA 88-71
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Variance No. 3861
6. That prior to issuance of a building permit, or within a period of one
year from the date of this resolution, whichever occurs first, Condition
Nos. 1 and 2, 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. ,
7. That prior to final building and zoning inspections, Condition Nos. 3, 4
and 5, .above-mentioned,. shall be complied with.
8. 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 eighth day of
December, 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 Gity Clerk.
DATED:
0158g
December 8, 1988 / ~G~72~ ~• .~~i~~~~-~/
Pamela H. Starnes, Executive Secretary
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ZA 88-71