Resolution-ZA 1991-20~,
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iJC~i01~JL~ ~IIC iA~J LRA~1iR7
PETITION: ~iARIAi~ICE NO. 4121
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: April 18, 1991
OWNER: DR. EDMOND and TERESA CHU
185 Starlight .Drive, Anaheim CA 92807
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NO. ZA 91-20
AGENT: AL and JESSE CADENA
2631 Amherst Avenue, Fullerton CA 92631
LOCATION: 185 St8r11CJh't Iar1V@
OPPOSITION: That no one indicated their presence at the public hearing in
opposition to the proposal, and that no correspondence in opposition
was received.
REQUEST: Petitioner requests waiver of the following under the authority of Code
Section 18.12.060.050 to construct an architectural screen wall five feet
from the side property line:
Section 18.22.063.010 - Minimum side yard.
(15 feet required; 5 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. 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, consisting of a maximum 2-foot thick architectural
screen wall ranging from 10 to 14 feet in height within the 15-foot side yard
setback, and not enclosing a room or any other habitable indoor living space.
2. That the variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses;
3. That the granting of the variance under the conditions imposed will not be
detrimental to the 'peace, health, safety or general welfare of the citizens of
the City of Anaheim;
4. 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
5. 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 UALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waiver of minimum side yard setback to construct an
architectural screen wall 5 feet from the side property line on a
rectangularly-shaped parcel of land consisting of approximately 1.24 acre, having a
ZA4121 - 1 - ZA 91-20
Variance No. 4121
Page 2
frontage of approximately 139 feet on the west side of Starlight Drive, having a
maximum depth of approximately 387 feet, being located approximately 330 feet north
of the centerline of Peralta Hills Drive and further described as 185 Starlight
Drive; 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. 4121, subject to the following conditions:
1. 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 3,
and that the existing 7-foot high "screen wall" shall be removed (as specified
on Exhibit No. 3).
2. That prior to final building and zoning inspections or within a period of one
(1) year from the date of this decision, whichever occurs first, Condition No .
1, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
3. That the area behind the proposed architectural wall shall not be enclosed or
otherwise converted to habitable indoor living space unless a variance is first
obtained permitting such living space to encroach into the required side yard.
4. 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 twenty fifth day of
April, 1991.
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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 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.
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DATED : Apr i 1 2 5 , 19 91 ~~i~~/J'}'/~~~~ • ~~~~~,~~k~~/,1~
Pamela H. Starnes, Administrative Assistant
ZA4121
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ZA 91-20