Resolution-ZA 1988-25c ~ ~~ ~"
.DECISION OF THE ZONING ADMINISTRATOR - ZA 88-25
PETITION NO.: VARIANCE N0. 3786 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS - 3
DATE OF PUBLIC HEARING: May 5, 1988
OPPOSITION: No one appeared in opposition and no correspondence was received
in opposition.
OWNER: LOBEL FINANCIAL CORP.; ATTN: GARY LOBEL,2528 W. Woodland Drive,
Anaheim, CA 92801
LOCATION: 1237 South Brookhurst Street
REQUEST: Petitioner requests the following. waivers under authority of•Code
Section'18.12.060.090 to construct a 6-foot high wrought iron
fence, including rolling gates, adjacent to Brookhurst Street:
(A) SECTIONS 18.04.043.101 - Minimum Front Setback and Permitted
and 18.44.064.080 Encroachment.
(10-foot wide setback for a 6-foot
high fence required; none proposed)
(B) SECTIONS 18.04.043.101 Maximum Fence Height.
and 18.44.066.021 (3-foot height permitted in
10-foot .front setback; 6-foot
height .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 is approved subject-to a minimum 3-foot wide landscaped-
setback being maintained between the front property line and he wrought
iron fence instead of no setback as shown on the `submitted exhibit;
2. That there are 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; 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 FINDING: That the Zoning Administrator
has reviewed the proposal to construct a 6-foot high wrought iron fence,
including rolling gates, adjacent to Brookhurst Street on a rectangularly-
shaped parcel of land consisting of approximately 0.26 acre, having a frontage
of approximately 100 feet on the west<side of Brookhurst Street, having a
maximum depth of approximately 115 feet and being located approximately 580
feet south of the centerline of Ball Road and further described as 1237 South
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Variance No. 3786
Brookhurst Street; and that the Planning Director or his authorized
representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Class 3, as defined in the State EIR
Guidelines-and is, therefore, categorically. exempt from the requirement to
prepare an EIR.
Based on the .evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3786, in part, subject to the following conditions:
1. That-the owner of subject property shall pay to the City of Anaheim a fee
for tree planting.-purposes along Brookhurst Street in an amount as
determined `by the City Council.
2. That the owner of subject property shall irrevocably offer to dedicate to
the City of Anaheim an additional strip; of land along Brookhurst Street,
measured southerly from the ultimate right-of-way line at the corner of
the intersection of Ba11 Road and Brookhurst Street, and varying in width
from 12 feet for the first 300 feet and then transitioning from 12 feet
to 0 feet for the next 300 feet. In the event that General Plan
Amendment No. 210 pertaining to Critical Intersections is not adopted by
the City Council, this condition shall be considered null and void.
3. That the driveway shall be reconstructed to accommodate ten (10) foot
radius curb returns. Existing broken or cracked driveways shall be
removed and replaced as required by the City Engineer.
4. That prior to issuance of a building permit, the appropri-ate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by the City Council.
5. That if required by the Fire Department all lockable vehicular access
,gates shall'be equipped with a "knox box" device to the satisfaction of
the City Fire Marshall.
6. That subject property shall be developed substantially in accordance with.
plans and specifications on file with the City of Anaheim labeled Exhibit
130. l; provided, however, that the 6-foot high wrought iron fence shall
be located at least three (3) feet back from the street right-of-way with
said 3-foot area being landscaped and permanently maintained.
7. That prior to issuance of a building permit, or within a period of .one
year .from the date of this decision, whichever occurs first, Condition
Nos. 1, 2, and 4, above-mentioned, shall be complied with. Extensions
for further time to complete said conditions may be granted in accordance
with 5ection.18.03.090 of the-Anaheim Municipal Code.
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Variance No. 3786
8. That prior to commencement of the activity authorized by this resolution
or prior to final building and zoning inspections, whichever- occurs
first, Condition Nos. 3, 5, and 6, 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 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.
10. That the sliding gate shall be open during regular business hours,
typically from 9:OOa.m. to 5:OOp.m.
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11. That the fenced-in area shall not be used .for outdoor storage purposes
other than vehicles for sale..
This decision is made,_signed, and entered into the file this twelfth day of
May,. 1988.
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 15 days"of the date of the signing of this decision or unless a
member of the City Council. shall request to review this decision within said
15 days..
DECLI~,RATION 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.
DATED : ~ r" " /'~~ ~
Pamela H. Starnes, Senior'Secretary
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3 ZA 88-25