Resolution-ZA 2003-09• •
DECISION NO. ZA 2003-009
A DECISION OF THE ZONING ADMINISTRATOR
DENYINGVARIANCE NO. 2003-04549
OWNER: Charles Bogner
130 Leola Way
Anaheim, Ca 92807
LOCATION: 779 Peralta Hills Drive
HEARING DATE: February 20, 2003, continued to March 20, 2003
OPPOSITION: That five people spoke at the public hearing on February 20, 2003 in opposition to the
proposal; that three people spoke at the public hearing on March 20, 2003 in
opposition; and that two letters in opposition were received representing owners of six
nearby residences.
REQUEST: Waiver of the following to construct athree-story single-family residence in the RS-HS-
43,000(SC) (Residential, Single Family Hillside-Scenic Corridor Overlay) Zone:
Sections 18.12.060.040 - Maximum structural height.
18.22.062.020.0201 (25 feet permitted;
and 18.84.042.010 37 feet, 10 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 hearing having been duly
noticed for and held on the date set forth above, I do hereby find:
1. That strict application of the Zoning Code does not deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity; and that the proposed
structural height (37 feet, 10 inches) is significantly higher (about 51%, or 13 feet) than permitted by Code
(25 feet).
2. That there are no special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned properties in the
vicinity; that in connection with grading this property, approximately 4,000 cubic yards of fill was imported
and said fill raised the grade such that the building pad is significantly (up to about 14 feet) higher than the
original grade; and that 10-foot high retaining walls were approved in connection with the grading plan.
3. That the result of the grading is that the height of any future dwelling is about 6 to 10 feet
higher than it would have been if built on the original grade (as illustrated on Exhibit No. 9, east-to-west
and south-to-north sections through the property); and that photographs were submitted by the opposition
showing the original site in comparison to its current configuration.
4. That the proposed 'basement' level (which is about 0 to 6 feet above the original grade) is
not entirely below grade (as the site has been graded) and, as a result, the dwelling's proposed east-
facing 3-story elevation is wholly visible to existing residences to the east (as illustrated on Exhibit No. 6,
East (Rear) Elevation).
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposal for waiver of maximum structural height to construct athree-story, single-family
residence in the RS-HS-43,000(SC) (Residential, Single Family Hillside -Scenic Corridor Overlay) Zone
on an irregularly-shaped 1.5-acre property located southeast of the intersection of Crescent Drive and
Peralta Hills Drive on a private road easement; the property is approximately 640 feet south of Crescent
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Drive and 681 feet east of Peralta Hills Drive, and is further described as 779 Peralta Hills Drive; and
does hereby approve the Negative Declaration upon finding that she has considered the Negative
Declaration together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to deny Variance No. 2003-
04549.
This decision is made, signed, and entered into the file this 27'h day of March, 2003.
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 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: March 27, 2003~C~. ~ C/~ ~ ~ ~ ~ s ~ ~ ~~
Danielle Masciel, Word Processing Operator
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