Resolution-ZA 1989-42,~,
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-42
PETITION: VARIANCE NO. 3962 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: June 15, 1989
OPPOSITION: One interested person spoke at the public hearing; and no
correspondence in opposition was received.
OWNER: GILBERT PARR PARTNERSHIP
P.O. Box 3868, Mission Viejo, CA 92690
AGENT: S & M. DEVELOPMENT
P.O. Box 3868, Mission Viejo, CA 92690
LOCATION: 925 South Gilbert Street
REQUEST: Petitioner requests waiver of the following- under authority of
Code Section 18.12.060.090 to construct an 8 foot high block wall:
SECTIONS 18.04.D43.102 - Maximum fence. height.
and 18.44.064.08D (6 feet permitted along north property
line; 8 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 subject request is approved on the basis that the proposed 8-foot
high block wall will lessen any impact by the pending 2-story senior
citizens' apartment project on the adjacent 1-story single family
residences to the north; and, further, that the .owners of the two adjacent
single family residential zoned properties to the north favor construction
of said 8-foot block wall;
2. That extending said 8-foot high wall to the west and east property lines
.(subject to the prior approval of the City Traffic Engineer) is not
expected to have an adverse impact on traffic and pedestrian circulation
because:
(a) The adjacent RS-7200 zoning to the north permits an eight foot high
block wall along Gilbert Street (a designated arterial highway), and
(b) There is no driveway from subject property to Bruce Street and the
nearby "knuckle" configuration of Bruce Street provides visibility
between said street and the existing driveway on the RS-7200 zoned
lot adjacent to subject property;
3. 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
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
0297g
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ZA 89-42
Page 2
Variance No. 3962
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That
hasreviewed the proposal for waiver of maximum fens
8-foot high block wall on a rectangularly-shaped pare
approximately 0.6 acre, having approximate frontages
.side of Gilbert Street and 121 .feet on the east side
located approximately 300. feet north of the cente
further described as 925 South Gilbert Street; and t]
or his authorized representative has determined tt
falls: within the definition of Categorical Exemptions
the State EIR Guidelines and is, therefore, -categc
requirement to prepare an EIR.
the Zoning Administrator
e height to construct an
el of land consisting of
of 120 feet on the west
of Bruce Street, being
'line of Ball Road, and
gat the Planning Director
at the proposed project
Class 3, as defined in
rically exempt from the
Based on the evidence. and testimony presented to me, I do hereby determine to
approve Variance No. 3962, subject to the following conditions.:
1. That the legal owner of subject. property, sha11_irrevocably offer to
dedicate to the City of Anaheim a strip of land thirty two (32) :feet in
width. from the centerline of the street along Gilbert Street for street
.widening purposes.
2. That sidewalks:, curbs and gutters shall be repaired along Gilbert Street
as required by the City Engineer and in accordance with standard plans
and specifications on file in the Office of the City Engineer.
3. That street: lighting facilities along Gilbert Street shall be installed
as required by the Utilities General Manager in accordance with.
specifications on file in the Office of Utilities General Manager; or
that security in the form of a bond, certificate of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with the City to guarantee the satisfactory
completion of the above-mentioned improvements. Said security .shall be
posted with the City of Anaheim prior to issuance of a building permit.
The above-required improvements .shall be installed .prior to occupancy of
the pending senior citizens' apartment project- (approved in connection
with Conditional Use Permit No. 3099).
4. That subject property shall be served by underground utilities.
5. That subject property shall be developed substantially in accordance with
.plans and specifications on file with the City of Anaheim marked Exhibit
No. 1; provided, however, that:
(a) The. proposed eight (8) foot high block wall .shall extend to the east
and west property lines along Gilbert and Bruce Streets, subject to
the City Traffic Engineer's prior approval and .possible modification.
(b) If, however, the City Traffic .Engineer disapproves extending the
proposed block wall to the east and west property lines, the wall
height shall be reduced to three {3) feet within. the minimum CL Zone
.front setbacks along .Gilbert and Bruce (ten [10] feet required along
Gilbert Street and .five [5] feet required along Bruce Street).
02978 2 ZA 89-42
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Page 3
Variance No. 3962
6. That if the petitioner proposes to extend the height of the existing six (6)
foot block wall to eight (8) feet instead of replacing the existing wall with
an entirely new 8-foot wall, the petitioner shall first:
(a) Provide satisfactory structural information to the Building Division
showing that said six (6) foot wall can safely support an additional
two (2) feet of blocks;
(b) Provide plans to the Building and Zoning Divisions for review and
approval, specifying the exact block wall material and color to show
that said addition will match the existing wall in design and color; and
(c) .Obtain the written consent of the two (2) adjacent property owners to
the north and provide copies of said consent to the Zoning Division.
7. That prior to issuance of a permit for subject eight (8) foot block wall or
within a period of one (1) year from the date of this decision, whichever
occurs first, Condition Nos. 1, 3, 5 and 6, above-mentioned, shall be
complied with. Extensions for further .time to complete said conditions may
be granted in accordance with Section 18.03.09.0 of the Anaheim Municipal
Code.
8. That at least seven (7) days prior to commencing construction of the new
eight (8) foot high block wall along the north property line (or commencing
modificaion of the existing six [6] foot wall to eight [8] feet), the
petitioner shall notify the owners of the properties to the north of the
date said construction is scheduled to begin. Copies. of said notification
shall be furnished to the. Zoning Division..
9. That prior to final building and zoning inspections, Condition Nos. 2
through 5, above-mentioned, shall be complied with.
10. 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.
This decision is made,.signed, and en ered into the file this twentieth day of
June, 1989.
Annika M. Santalahti
Zoning Administrator
NOTICES 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
davs 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.
DATED : June 2 0 , 19 8 9 ~ /C~ , ~C~~il/~l.G~
Pamela H. Starnes, Executive Secretary
02978 3 ZA 89-42