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Resolution-ZA 1991-05f r F+ • DECISION NO. ZA 91-5 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4106 PETITION: VARIANCE NO. 4106 CEOA STATUS: CATEGORICAL EXEMPTION, CLASS 5 DATE OF PUBLIC 'HEARING: January 24, 1991 OWNERS 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 5.03 acres located on the east side of Henning Way approximately 1,100 feet south of the centerline of Arboretum .Road (Tract No. 11600). SUPPORTr One person indicated his presence at the public hearing in "support of the .proposal. OPPOSITION: No one indicated their presence in opposition at the public hearing; and nocorrespondence in opposition .was received. REQUEST: Petitioner requests waiver of the following under authority of Code Section 18.12.060.040 to construct nine (9) single-family residences: SECTIONS 18.23.062.010 - Maximum structural heicrht. 18.23.062.0201 (25 to 27 feet 6 inches permitted-in the and 18.84.042.010 Scenic Corridor Overlay Zone; "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 petition-and a public'hearinq having been duly noticed for and held on the date set forth above, I do hereby find: 1. .That the impact of the proposed residential building heights is minimal .because of the surrounding topography: .the building pads. of existing residences to the: south .are more than 30 feet higher so views will be over subject houses, adjacent residential lots to the east and north are at lower grades, and the residential homes to he west of.Hennng Way (a private street paralleling the west property Line) are view-oriented-in a .westerly direction; 2. 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 ZA-4106 -1- ZA 91-5 ~ n Page 2 _ Variance No. 4106 • • 3. That 'strict application of the Zoning Code deprives the property of privileges enjoyed by ,,other properties in identical zoning classification in .the vicinity because adjacent property to the west was previously granted a similar building height variance to construct a residence. CALIFORNIA-ENVIRONMENTAL QUALITY ACT FINDING: That the. Zoning Administrator has reviewed the proposal for waiver of maximum structural height to construct 9 single-family residences on an irregularly-shaped parcel of land consisting of approximately 5.03 acres having a frontage of approximately 550 feet on the east side of; Henning-Way, having a maximum depth of approximately 330 feet and being located approximately 1,100 feet south of the centerline of Arborteum Road; .and that the Planning Director or his authorized representative has determined that the proposed project fails 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 Varance.No. 410.6.,: subject to the following conditions: 1. * That prior to issuance of a building permit and unless proof of exemption is submitted in compliance with City Council Resolution No. 85R-423, 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 establzshed`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 at least sixteen (16) feet wide; and that roll-up garage doors shall be provided for any driveways shorter than twenty five {25) feet in length. Any driveways which are too short to accommodate a minimum of two (2) automobilesn tandem, shall be at least sixteen (16) feet wide. The specific type of garage doors shall be shown on the plans submitted for building permits. Said garage doors shall be instal ed and maintained as shown on the submitted and approved plans.' 5.- * That. prior to issuance of a building permit, the appropriate fees due for - water primary mains shall be paid to the Water. Engineering Division in accordance with Rules 15A and 20 of the-Water Utility Rates, Rules and Regulations. ZA-4106 -2- ZA 91-5 ~ V~ Page 3 Variance No. 4106 • 6. * That prior to issuance of a-building permit, a special assessment fee in the amount of six hundred fifty-two dollars ($652.00) per acre shall be paid to the Water Engineering Division for upgrading the former`Walnut Canyon Water System. 7. 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. 8. 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 on file with the Planning Department marked Exhibit Nos. 1 through 19. 9. 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, 4, 5 and 6, 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.. 10. That prior to final building and zoning inspections, Condition Nos. 4, 7 and 8, above-mentioned, shall be compliedwith.. 11. * That approval of this application constitutes .approval of the proposed xequest'only to the extent ,that it complies`wth 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 t irtieth day of January, .199.1. , Annika M. Santalahti Zoning Administrator NoTICEa 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 l5 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. l5 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: January 30, 1991 a amela H. Starnes - Administrative Assistant ZA-4106 -3- ZA 91-5