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Resolution-ZA 2004-39%~ / -. _ fcr `., DECISION NO. ZA 2004-39 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2004-04638 OWNER: Norio Uyematsu 429 South Country Hill Road Anaheim, CA .92808 AGENT: Hidden Hills Estates 320 Goddard, Suite 150 Irvine, CA 92618 LOCATION: 429 South Country Hill Road -Property consisting of 3.8 acres with a frontage of 32 feet onthe south side of County Hill Road, and located 354 feet east of the centerline of Old Ranch Road. HEARING DATE: December 23, 2004 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: Waiver of the following to construct three new 2-story single family homes in the RH-2(SC) (Single-Family Hillside Residential -Scenic Corridor Overlay) Zone: Sections 18.18.060.010 - .Maximum structural height. and 18.18.060:020.0202 (Permitted in the Scenic Corridor Overlay Zone: 25 feet high or up to 30 feet high when the combined areas for each roof exceeding 25 feet do not exceed 10% of the total roof area and the ridgelines over 25 feet do not exceed a combined length of 10 feet; Proposed: three houses up to 28 feet high with the roof areas over 25 feet high not exceeding 10% of the total roof areas-but with the house on lot 1 having a ridgeline approximately 15 feet long and the house on Lot 4 having a ridgeline approximately 56 feet long) Having been appointed Zoning Administrator by the Planning Director, pursuant to paragraph .0203 of subsection 18..60.020.020 (Zoning Administrator Authority) of the Anaheim Municipal Code, 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 there are special circumstances applicable to the property pertaining to topography, location and surroundings, which do not. apply to other identically, zoned properties in the vicinity, in that many of the, properties in the. area have variations in topography. but this particular property. is lower than the surrounding properties and will not have an impacf on their views. 2. That since the height variance meets the intent of the Code for structures within the Scenic Corridor area, strict application of the Zoning Code would deprive this property of privileges potentially enjoyed by other properties under identical zoning classification in the vicinity. 3. That the petitioner has demonstrated that the impact of the visual aesthetics of the surrounding canyon area would be minimized as demonstrated in submitted grading, section and line-of- site drawings. ZA2004-39.doc -1 of 2 - ZA2004-39 s ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of maximum structural height to construct three new 2-story single family homes on separate lots in the RH-2(SC) (Single-Family Hillside Residential -Scenic Corridor Overlay) Zone on an irregularly-shaped 3.8-acre property having a frontage of 32 feet on the south side of Country Hill Road, a maximum. depth of 848 feet, being located 354 feet east of the centerline of Old Ranch Road, and further described as 429 South Country Hill Road; and that the Planning Director's authorized representative has determined that the proposed project is Categorically Exempt under Class 3, Section 15061(b)(3), of the State of California Environmental Quality Acf Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-04638, subject to the following conditions: 1. -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 (Grading and Site Plan), 2 (Front Elevation and Roof Plans for Lot 1), 3 (Front Elevation and Roof Plans for Lot 4) and 4 (Front Elevation and Roof Plans for Lot 5); provided, however, that the maximum height of the proposed houses shall be approximately twenty- eight (28) feet, that the approximateJength of the ridgeline(s) of the house on Lot 1 shall be fifteen (45) and the approximate length of theridgeline(s) of the house on Lot 4 shall be fifty-six (56) feet. 2. That within a period of one (1) year from the date of this decision, building permits shall be obtained for one or more of the proposed houses. Extensions for further time to complete this condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with .Conditions of Approval) of the Anaheim Municipal Code. 3. 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 30th day of December 2004. t ~ ~, t/~2it,~` ! 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 fifteen (15) dam from the date of the signing of this Decision or unless members of the City Council shall request to review this Decision within twelve,~12) days from the date of the signing of this Decision. DECLARATION OF SERVICE BY MAIL: l 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: December 30, 2004 ~f~Vl. l~ l,C-- ~ ~ ~~5~ ~-t~~ITeT/ Danielle C. Masciel, Word Processing Operator ~~ T/ ZA2004-39.doc - 2 of 2 - ZA2004-39