Resolution-ZA 2003-04•
DECISION NO. ZA 2003-04
•
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2002-04544
OWNER: Pointe Premier LLC
10565 Civic Center Drive
Rancho Cucamonga, CA 91730
AGENT: Kent Wu
Kent C. Wu Architect
1274 E. Center Court Drive, #211
Covina, CA 91724
LOCATION: 1127 and 1137 Pointe Premier
CEQA STATUS: CEQA Categorical Exemption. Class 3
HEARING DATE: December 12, 2002, continued to the meeting of February 6, 2003.
OPPOSITION: That one person spoke in opposition to the height waiver at the December 12, 2002
public hearing; that no one indicated their presence in opposition at the February 6,
2003 hearing; and that no correspondence in opposition was received.
REQUEST: Petitioner request waiver of the following to construct a 3-story single-family residence
in the RS-HS-22,000(SC) (Residential, Single Family Hillside -Scenic Corridor Overlay)
Zone:
Sections 18.12.060.040 - Maximum structural height.
18.23.020.0201 (35 feet permitted in the 'Hidden Canyon' area
and 18.84.042.020.0204 south of Avenida de Santiago;
45 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 the proposal consists of a residence ranging in height from 35 feet to 45 feet (at the
portion that includes the basement and underground parking); and that the line-of-sight drawings
submitted by the architect illustrate that the proposed structure will not be visible at a height of more than
35 feet from most surrounding vantage points.
2. That there are special circumstances applicable to the property consisting of its topography,
location and surroundings, which do not apply to other identically zoned properties in the vicinity; that the
building site is on a hill (as shown on photographs submitted by the petitioner) and the first floor of the
dwelling will be below the finished grade such that the visible building height will be 2-stories and 35 feet
when viewed from most directions; that the 45-foot high facade faces west, away from the adjacent
streets and future neighboring residences; that the architect has taken steps to ensure that the residence
does not adversely impact the visual aesthetics of the surrounding area as demonstrated by the approved
exhibits (grading, section and line-of-sight plans); and that the first floor subterranean basement will be
concealed by the hillside as viewed from the east and that an enclosed recessed courtyard adjacent to the
residence will eliminate most views of the dwelling that exceed 35 feet in height, with the exception of the
view along the driveway.
V2002-04544.doc - 1 of 2 - ZA 2003-04
r~
3. That strict application of the Zoning Code would deprive this property of privileges potentially
enjoyed by other properties under identical zoning classification in the vicinity because this height variance
meets the intent of the Zoning Code in an area of the Scenic Corridor where high buildings can be
constructed compared to other residential areas in Anaheim Hills.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2002-04544, subject to the following conditions:
That a Lot Line Adjustment application shall be submitted to the Public Works Department,
Development Services Division, to merge the two (2) existing parcels into one (1) legal lot. The Lot
Line Adjustment shall be approved by the City Engineer and then recorded in the office of the County
Recorder.
2. That the grading shall conform to the requirements of Chapter 17.06 (Grading, Excavations and Fills
in Hillside Areas) of the Anaheim Municipal Code. The grading plan shall be approved by the Public
Works Department.
3. That any required relocation of City of Anaheim electrical facilities shall be at the developer's
expense.
4. That the 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, 2, 3, 4, 5, 6, 7 and 8.
5. That prior to issuance of a building permit, Condition Nos. 1 and 2, above-mentioned, shall be
complied with.
6. That within a period of one (1) year from the date of this decision, a building permit shall be issued
for the approved residence. Extensions for further time to complete this condition may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
7. 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 13th day of February, 2003.
nnika M. Santalahti, Zoning Administra or
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 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 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.
DATE: February 13, 2003 ~ '
Patricia Koral, Sr. W rd Proce sing Operator
V2002-04544.doc - 2 of 2 - ZA 2003-04