Resolution-ZA 1991-56R ; `i •
DECISION NO. ZA 91-56
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4138 IN PART
OWNERS: HENRY and SANDY JO
249 East Borromeo, Placentia, CA 92670
AGENT: .INLAND DESIGN, INC.
954 West Foothill Boulevard, Suite. B, Upland, CA 91786
LOCATION: 530 South Old Ranch Road
DATES OF PUBLIC HEARING: September 5, 1991, and continued to the meetings of
October 3, October 17, November 14, November 27 and
December 12, 1991.
CEQA STATUS: Categorical Exemption, Class 3
OPPOSITION: Two people spoke in opposition at the September 5, 1991 public
hearing; and two letters in opposition .(dated September 29 and
October 7, 1991) were received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct a 3-story, 11,891 sq.ft.
single-family residence:
SECTIONS 18.23.062.010 - Maximum structural height.
and 18.84.042.010 (25 feet permitted; 44 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 revised plans (labeled Revision No. 2) were submitted showing:
(a) The .number of stories was reduced from three to two.
(b) The maximum building height was deduced from 44 to 32 feet (for the
4-foot diameter top of a 14-foot diameter skylight).
{c) Overall, only 7.4~ (642 sq.ft.) of the entire roof area (8,677
sq.ft.) will be from 25 to 30 feet high (Code permits a maximum 10~)
and another 0.14 {13 sq.ft.) will be from 30 to 32 feet high.
(d) There will be three roof ridgelines over 25 feet high and one will
exceed l0 feet in length (Code permits 10 feet, 18 feet is proposed).
2. That the revised proposal (as specifically described above) is approved
for a maximum 32-foot high, 2-story, 12,121 sq.ft. single family
residence; and
ZA-4138 -1- ZA 91-56
Page 2
Variance No. 4138
3. -That there is a special circumstance applicable to the proposal because
the. request, as approved, is minimal, consisting of a building which will
be 6.6~ percent higher than permitted by Code for a roof area which
amounts to only 0.14 (13 sq.ft.) of the entire roof.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct
a 3-story, 11,891 sq.ft. single family residence on an irregularly-shaped
parcel of land consisting of approximately 0.98 acre located at the southern
terminus of Old Ranch Road, having a frontage of approximately 110 feet on the
southeast side of Old Ranch Road, having a maximum depth of approximately 285
feet, being located approximately 300 feet south of the centerline of Country
Hill Road, and further described as 530 South Old Ranch Road; 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 of California Environmental Impact Report 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. 4138, IN PART, subject to the following
conditions:
1. * That the proposal authorized by this resolution shall be served by
underground utilities.
2. That the legal owner of subject property shall pay the appropriate fees
for .the installation of underground electrical service.
3. * That fire sprinklers shall be installed as required by the Fire
Department.
4. * That prior to issuance of a building permit, unless proof of exemption is
submitted in compliance with City Council Resolution No. 89R-440, 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 FoothilljEastern Transportation Corridor, as
established by City Council resolution.
5. * 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.
6. * 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.
7. That storage shall be provided out of the public view for a minimum of
two (2) automated trash containers, as required by the Department of
Maintenance.
ZA-4138 -2- ZA 91-56
' ter'
"' Page 3
Variance No. 4138
•
8. * 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 established by City Council resolution.
9. * That any specimen tree removal shall be subject to the speciman tree
.preservation regulations in Chapter 18.84 of the Anaheim Municipal Code
pertaining to the "SC" Scenic Corridor Overlay Zone.
10. That no roof-mounted equipment shall be permitted.
11. 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 Revision No. 2 of Exhibit Nos. 1 through ?; showing that the
maximum building height will be thirty two (32) feet.
12. 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. 2, 4, 5, 6 and 8, 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. 1, 3,
7 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, 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 thirteenth day of
December, 1991.
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: December 13, 1991 /~-~~
Pamela H. Starnes
Administrative Assistant
ZA-4138 -3- ZA 91-56