Resolution-ZA 1991-04A DECISION: OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4105
PETITION: VARIANCE NO. 4105 CEOA.STATUS: CATEGORICAL .EXEMPTION,
CLASS 5
DATE OF PUBLIC HEARING: January 24, 1991
OWNER;, HILL WILLIAMS DEVELOPMENT CORP.,
175 Riverview Drive, Suite 200, Anaheim CA 92808
AGENT: FRANK GONZALES & ASSOCIATES
1336 Chapman Avenue, Orange CA 92666
LOCATION:. Subject property consists of approximately 7 acres located on the
east side of Fairmont .Boulevard approximately 1-,120 feet southeast
of the centerline of Santa Ana Canyon Road '(Tract No. 13716j.
OPPOSITION: -One person spoke at the public'hearng and voiced several concerns
about the .proposal; 'and no correspondence in 'opposition to the
proposal was :received. -
RE4UEST: Petitioner requests waiver of the following under authority., of ,Code
Section 18.12.060.040 to construct .thirteen {13}°single-family
residences:.
SECTIONS 18.23.062.010 -'- Maximum structural heiaht.
18.23.062.0201 (25 0 27 feet 6: inches. permitted in the
and 18.84.042..010 Scenic Corridor Overlay Zone;
28 feet, 28 feet 4 inches and-29'feet 6
inches proposed)
Having been appointed Zoning Administrator by the`Planning,.Director, pursuant
to Anaheim Municipal Code'Section-18.12':040, to decide the above-referenced.
pet ition'and a public hearing having been duly noticed for and held. on the date
set forth above, I do hereby,flnds
1. That the. impact of the proposed residential building heights is minimal
because of"the surrounding topographys the building pads of the existing
residences to the east are more than 25 feet higher so views will be over
subject houses, Fairmont Boulevard to the southwest ranges from about 10 ,
to 20 feet 'higher so the proposed.. heights (compared to-permitted heights)"
wild not make a difference to view obstruction, and the properties to the
north are at a lower grade and are developed with non-residential uses {a
church, utility.substaton and public school};
2. That the,.proposed building heights are potentially lower (by 6 inches or
more) than described in the staff .report because., as explained by the
petitioner at the public hearing, said proposed heights include the'
,foundation slab depths although Code excludes such foundations (when not
more than 2 feet higher. than the finished grade) from structural.. height
calculationsp
ZA-4105 -1- ZA 91-4
3. That there are special circumstances applicable to the property
consisting of topography, location and. 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 for waiver of maximum structural height to construct
13 single-family residences on an irregularly-shaped parcel of land consisting
of approximately 7 acres, having a frontage of approximately 843 feet on the
...east side-; of Fairmont Boulevard, having a maximum depth of approximately 496
feet and being located approximately 1,120 feet southeast of the centerline of
Santa Ana Canyon Road; 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 EZR.
Based on`the evidence and testimony presented to me, T do hereby determine to
approve variance No. 4105, 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
established by City Council resolution.
- 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 established by City Council resolution.
3. * That the appropriate fee shall be paid to the City of Anaheim for Santa
Ana Canyon Road widening purposes, in an amount as established by City
Council Resolution.
4. That tilt-up garage doors shall be .permitted only for driveways which are
twenty (25) feet or longer and that...roll-up-garage doors shall be
provided for any: driveways shorter than twenty five (25) feet in length..
The specific type of garage doors shall be 'shown on the plans submitted
for building permits. Said. doors shall be `installed and maintained as
shown on the submitted: and approved ;.plans.
5. That 'trash storage areas for two (2), thirty .three (33) by thirty eight
(38) inch trash and recycling containers shall be provided for each
single-family..residence.
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Page 3
Variance No. 4105
6. That private sewer lines shall be connected with the City main line.
7. That subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are od file with the Planning Department
marked Exhibit Nos.l through. l9.
8. That prior to issuance of a building permit or within a period of one (1)
year from the date of .this decision, whichever occurs first, Condition
Nos. 1, 2, 3 and 4, 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.
9. That prior to final building and. zoning inspections, Condition Nos.. 4, 5,
6 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, State and Federal
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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations and agreements
and are, therefore, not subject to negotiation.
This decision is made, signed, .and entered. into the file this thirtieth day of
January, 1991..
nnika 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: T 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: January 30, 1991 ~
Pamela H. Starnes
Administrative .Assistant
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