Resolution-ZA 1989-55
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-55
PETITION: VARIANCE NO. 3978 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE.. OF PUBLIC HEARING: August 10, 1989
OPPOSITION: One person indicated.. his presence in opposition and no
correspondence in opposition was received.
OWNER: RANG_SHEN CHEN AND. SHU-JEN CHEN
1230 Maple Tree Court, La Habra, CA 90631
LOCATION: 6984 East Overlook Terrace
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.090 to construct a 5-foot high- solid-wall and
5-foot high wrought iron fence:
SECTIONS 18.04.043.101 - Permitted wall type in front yard setback.
18.22.063.010 (permitted in front 15-foot yard:
and 18.22:064.070 3-foot high solid wall or
6-foot high wrought iron fence with 20~
solid components;
proposed: 5-foot high solid wall
combined with 5=foot high wrought iron
fence with 38~ solid components)
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 request is minimal because: '
(a) The 30-foot long solid portion. of subject 400-foot long wall is an
"entry" feature (combined-with a planter) for the driveway and only
about 15 feet will actually be located in thee-.front setback area; and
(b) --The 385-foot long combination wrought iron/stucco fence is located
about 9 feet from,. the public street ,(next to a .down-hill slope) and
there is a.clear .line-of-sight over the 2-foot. high solid base to the
view beyond;
2. That there are special circumstances applicable o 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.
03368 1 ZA 89-55
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Page 2
Variance No. 3978
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has, reviewed the proposal 'for waiver of permitted wall type in the front
setback area to construct a 5-foot high solid wall and 5-foot high wrought
iron fence-on an irregularly-shaped parcel of land consisting of approximately
2.45 acres, having a frontage of approximately 404 feet on the southeast side
of Overlook Terrace, having`a maximum depth of approximately 484 feet, being
located-approximately; 80feet southwest of the centerline of Hidden Canyon
Road and further ..described as 6984 East Overlook Terrace; and that the
Planning_Director or his authorized representative has determined that the
proposed project falls within the definition of Categorical Exemptions, Class
5, 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. 3978, subject to the following conditions:
1. That the .legal owner. of subject `property 'shall present to the City of
Anaheim Electrical Engineering Division a plot plan .showing public utility
easements, and ingress and egress easements along. and near the proposed
wall/fence. The customer's underground electrical service -shall also be
plotted on the plot plan.
2. That the final' location of the 5-foot .:high solid portion of subject wall,
in relation to the intersection bf 'the 'driveway and Overlook Terrace,
shall be subject to review and approval by the City Traffic Engineer.
3. That the existing trail along:. Overlook Terrace shall remain. open ,.for
public use in accordance with the City Parks and-Recreation Department
requirements,
4. That subject property shall be-developed substantially in accordance with
plans and specifications'.on file with the City of Anaheim marked-Exhibit:
Nos. 1 and 2; provided, however:
(a) That the 5-foot high solid wall shall .not exceed a:.lengthof fifteen
(15) feet where located in the front setback area:; and
(b) That the archeological site (designated as ORA 3:21 on Exhibit No. 1
of Variance.. No. 3731, on -file with the City of ;Anaheim) shall be
'clearly ahown on the plan(s) submitted for building,permits.
5. 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, Condition
Nos:. 1,:2 and 4(b), above-mentioned, shall be complied with. :Extensions
for further time to complete.said:condtions maybe granted in accordance
with .Section 18.03.090 of the Anaheim Municipal-Code ..•
6. That prior to .final building and zoning inspections, Condition Nos. 3-and
4, above-mentioned, shall be complied with.
7. 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.
033bg 2 ZA 89-55
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Page 3
Variance No. 3978 i=
This decision is made, signed, and entered into the file this fourteenth day
of August, .1989.
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
members of the City Council shall request to review .this decision within said
15 days.
DECLARATION. OF SERVICE BY MAILS 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: August 14, 1989 ~~f!•
• Pamela H. Starnes, Executive Secretary
0336g 3 ZA 89-55