Resolution-ZA 1989-64e
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DECISION OF THE ZONING ADMINISTRATOR - ZA $9-64
PETITION:.. VARIANCE N0. 3988 CEQA STATUS: CATEGORICAL EXEMPTION,
CLASS 3
DATE OF.PUBLIC HEARING: September 21, 1989
.OPPOSITION: No one indicated their .presence in opposition; and no
correspondence in opposition was received.
OWNER: J.M. PETERS COMPANY, INC.
3501 .Jamboree Road, Suite 200; Newport Beach, CA 92660
LOCATION: 3802, 3900 and 3920 West Orate Avenue
REQUEST: Petitioner .request :waiver of the following under authority of Code
Section No, 18.12.ObD.090 to `construct a 6..foot-3 ..inch to 7 .foot-8 inch
high solid block wall with pedestrian and vehicular access gates:
SECTIONS 18.04.043.107 - Maximum fence height.
and 18.27.064.100 (6 feet permitted along arterial streets;
7 feet-8-inches proposed along Orange Avenue)
Having -been"appointed Zoning. Administrator by the Planning Director, pursuant to
Anaheim Municipal Code Section 18.12.04D, 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 the single family, residential tract
(currently under construction.) enclosed by the proposed block wall is at a
higher grade than the adjacent public sidewalk along:Orange Avenue, that said
wall will be enclosing; private yards within the pending residential tract, and
that nearby and adjacent land uses inc7ude'a public junior high school to the
north across Orange Avenue and a church to the east;
2. That the pet Toner indicated at the_publc hearing. that City of Buena Park
zoning regulations (in which the westerlg portion of subject ract is located)
permit, by right, wall heights .'similar to the proposal;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for, waiver of -maximum fence ``height to construct a
6 foot-3 inch to 7 foot-8 -inch solid block. wall with pede trian and vehicular;
access gate on a, rectangularly-shaped parcel of land consisting of .approximately
11.63 :.acres, .having- a frontage of .approximately .750 feet on the south side of
Orange Avenue, having a maximum depth of approximately"640 feet, being located
0368g 1 ZA 89-64
Page 2
Variance No. 3988.
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approximately 1,196-feet west of the centerline of Knott Street, and further
described as 2802, 3900 and 3920 West Orange... Avenue;. 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.-3988, subject to the following conditions:
1. That the ..proposed wall shall conform to City of Anaheim Engineering
Standard No. 137.'
2. 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.Nos. 1 through 4.
3. That prior to final building and zoning..inspectons> Condition Nos. land
2, above-mentioned, shall be complied with.
4. That approval of this application constiautes 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 twenty-eighth
day of September, 1.989...
LGt.~
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 .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: September 28, 1989 ~~Gi~Y,~~f~lr/ 5~--~ • ~~~~~~
Pamela H. Starnes, Executive Secretary
ZA 89-64