Resolution-ZA 2004-22~ •
DECISION NO. ZA 2004-22
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2004-04609, IN PART
OWNER: Tri Tang
7730 E. Autry Drive
Anaheim, CA 92808
AGENT: Andy Do
12761 Western Avenue
Garden Grove, CA 92841
LOCATION: 391 South Peralta Hills Drive
HEARING DATE: July 22, 2004, continued from June 10 and 24, 2004
OPPOSITION: Five people spoke at the public hearing in opposition to the proposal and numerous
correspondence was received in opposition.
REQUEST: Waivers of the following to construct a new 2-story single family residence with a roof
deck in the RH-1 "Single Family Hillside Residential -Scenic Corridor Overlay zone
(former RS-HS-43,000(SC) zone): .
(a) Sections 18.12.060.030 - Orientation of dwel{ings adiacent to arterial highway.
and 18.22.065.010 (Dwelling required to rear onto arterial highways;
dwelling proposed to side-on Santa Ana canyon Road)
(b) Sections 18.12.060.040 - Maximum structural height.
18.84.042.010 (25 feet permitted with certain limited height exceptions;
and 18.84.042.020 37 feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040 (Authority. and dutiesj;'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 waiver (a), orientation of dwellings adjacent to arterial highways, is hereby approved on
the basis. that strict application of the Zoning Code~would deprive the properly of privileges enjoyed by
other properties in identical zoning classificatior°'in the vicinity because a number of residences along
Santa Ana Canyon Road side onto said arterial highway; that there is a special circumstance applicable to
the property consisting of its size, which does not apply to other identically zoned properties in the vicinity,
because the property size is significantly larger that required by Code (approximately 3 acres existing
versus minimum 1 acre required) and the setback"between the proposed dwelling and Santa Ana Canyon
Road is almost 200 feet and'vehicular access to the property will be taken from Peralta Hills Drive.
2. That waiver (b), maximum structural height, is hereby denied on the basis that strict
application of the Zoning Code does not deprive the_ property of privileges enjoyed by other properties in
identical zoning classification in the vicinity because the majority of homes in the area comply with the
maximum height standard; that the proposed dwelling, which has a floor area of approximately 15,000
sq.ft. and a width of approximately 275 feet, is located from 30 to 75 feet from the east and south interior
property lines and the proposed height would; therefore, have a potentially significant impact on adjacent
residences which have aline-of-sight across the property; and that there are no special circumstances
applicable to the property such as topography, location or surroundings which might lessen the visual
impact of the proposed dwelling height on neighboring homes.
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3. That this Variance No. 2004-04609 was submitted to the Planning Department and was
deemed complete prior to the effective date (i.e., 30 days after adoption) of Ordinance No. 5920 which
was adopted by the City Council on June 8, 2004 to amend Title 18 "Zoning" of the Anaheim Municipal
Code in its entirety; and that submittal and approval. of this variance complies with paragraph (d) of
Section 5 of said ordinance which specifies that nothing contained in Ordinance No. 5920 shall apply to
any project that has submitted any zoning entitlement (including Conditional Use Permits) to the Planning
Department and which submittal is deemed complete by staff as of 5 p.m. on the day before the effective
date of the ordinance. Said project shall be permitted provided that the proposal is approved or
conditionaNy approved bythe Zoning Administrator, and that such project shall have commenced within
the time limitation specified in the Decision: approved by the Zoning Administrator, unless said time period
is duly extended by the approval authority;:;and,if abuilding permit is required, construction shalt have
commenced and shall be completed within; a period of three hundred sixty five (365 days from the date the
building permit is issued, unless said time period is duly extended by the Building Official.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waivers of orientation of dwellings adjacent to arterial highways and maximum structural
height on an irregularly shaped 2.85-acre property Yocated at the southeast corner of Santa Ana Canyon
Road and Peralta Hills Drive, having frontages of 440 feet on the south side of Santa Ana Canyon Road
and 273 feet on the east side of Peralta Hills. Drive; and further described as 391 South 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 approve Variance No.
2004-04609, in part, subject to the following conditions:
1. That the proposed grading and retaining walls shall conform to the requirements of Chapter 17.06
(Grading, Excavations and Fills in Hillside Areas) of the Anaheim Municipal Code. Grading plans and
retaining walls shall be approved by the Public Works Department and the Planning Department.
2. That landscaping plans identifying all tree" types proposed to be removed shall be submitted to the
Zoning. Division for review and approval: A`Specimen Tree Removal permit shall be obtained in
accordance with Zoning Code Section,18.18A40 (Tree Preservation) prior to removal of any
specimen tree.
3. That any required relocation of City electrical facilities shall be at the developer's expense.
4. .That any proposed fencing or gates located within the required street setbacks along Santa Ana
Canyon Road and Peralta Hills Road shall not exceed a height of six (6) feet unless a variance is
obtained permitting a height exceeding six (6) feet.
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 Exhibit No. 1, Revision No. 1 of Exhibit No. 2, Revision No. 1 of Exhibit No. 4,
Exhibit Nos. 6 and 7, Revision No. 1 of Exhibit No. 8, and Exhibit No. 9, and as conditioned herein;
provided, however, that revised plans shall be submitted showing that the maximum building height
shall not exceed twenty five (25) feet plus the permitted height exceptions specified in subsection
18.84.042.020 pertaining to maximum structural height in the Scenic Corridor Overlay Zone.
6. 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, Condifon; No, 2 and revised plans required in connection with
Condition No. 5, above-mentioned;' sha,U be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments,
Conditional Use Permits, Administrative Use:P.ermits, Variances and Administrative Adjustments] of
the Anaheim Municipal Code.
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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 29'h day of July 2004.
` Annika M. Santalahti, Zoning A ministrator
NOTICE: This Decision shall become final unless an appeal to the City Counci{, 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, acopy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: July 29, 2004 ~ (i{.~/l;'~ r^ ~C/l~ ~_ ~~~~-G ~I
Danielle C. Masciel, Word Processing Operator
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