Resolution-ZA 1995-27
DECISION NO. ZA 95-27
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4281
OWNERS: Ronald and Yvette Hudson
6441 Shady Valley Lane
Anaheim, CA 92807
AGENT: Carlton Nalty
2748 Melissa Street
West Covina, CA 91792
LOCATION: 702 South Rosecrest Circle
CEQA STATUS: Categorical Exemption, Class 3
HEARING DATE: September 28, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct asingle-family residence:
Sections 18.12.060.050 - Required front yard setback.
18.26.063.010 (minimum 25 feet required from Rosecrest Circle;
and 18.70.063.010 10 to 15 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:
That there are special circumstances applicable to the property consisting of its shape and location,
which do not apply to other identically zoned properties in the vicinity because the property is not
being developed in the typical pattern for a corner lot (i.e., with the dwelling fronting on the
narrowest frontage of the two abutting streets) but, instead, the proposed dwelling fronts on the
widest street frontage (Bridgewood Drive);
2. That the proposed dwelling, although having a minimum "front" setback of 10 to 12 feet along
Rosecrest Circle, will have a "side" setback of 27 feet or more along Bridgewood Drive, thereby
complying with the intent of the Code standard for the underlying single-family zone which requires
a minimum 25-foot front yard and a minimum 5-foot side yard; and
3. 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 FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of required front yard setback to construct asingle-family residence on an irregularly-
shaped parcel of land consisting of approximately 0.6 acre located on the southeast corner of Bridgewood
Drive and Rosecrest Circle, having approximately frontages of 127. feet on the south side of Bridgewood
Drive and 95 feet on the east side of Rosecrest Circle, and being further described as 702 South Rosecrest
Circle; and that the Planning Director or his authorized representative has determined that the proposed
project is Categorically Exempt under Class 3 of the State of California Environmental Quality Act Guidelines:
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•
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4281, subject to the following conditions:
1. That the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an
amount as specffied in the major Thoroughfare and Bridge Fee Program for the Foothill/Eastern
Transportation Corridor, as established by City Council resolution, unless said fee was previously
paid for subject Lot No. 52 in connection with the underlying Tract Map No. 12691.
2. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council resolution, unless said fee was previously paid for subject Lot No. 52
in connection with the underlying Tract Map No. 12691.
3. That the applicable fee shall be paid to the City of Anaheim for Santa Ana Canyon Road widening
purposes, in an amount as established by the City Council, unless said fee was previously paid for
subject Lot No. 52 in connection with the underlying Tract Map No. 12691.
4. That the developer shall pay a traffic and transportation improvement fee to the City of Anaheim,
Traffic Engineering Division, in an amount established by the City Council resolution, unless said fee
was previously paid for subject Lot No. 52 in connection with the underlying Tract Map No. 12691.
This fee will be used to fund traffic and transportation improvements within this area impacted by
this project. Said fee shall be subject to adjustment by the City Council.
5. 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 Exhibft Nos. 1 through 5.
6. That any applicable condftions of approval adopted in connection with the underlying specific plan
(SP 87-1 "The Highlands at Anaheim Hills") shall be complied with.
7. 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 and 6, above-mentioned, shall be
complied with. F~ctensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
8. The prior to final building and zoning inspections, Condition No. 5, above mentioned, shall be
complied with.
9. 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.
This decision is made, signed, and entered into the file this 5th day of October 1995.
- i /G~.
Annika M. antalahti
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.
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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.
DATE: October 5, 1995
Betty Presto
Sr. Office Specialist
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