Resolution-ZA 1993-04t_ i
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DECISION NO. ZA 93-04
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4211
OWNER: WII.LIAM LYON TRUST
4921 Birch Street, Suite 110, Newport Beach CA 92660
AGENT: WILLIAM LYON MANAGEMENT PROPERTY COMPANY
4921 Birch Street, Suite 110, Newport Beach CA 92660
LOCATION: 5601 East Orangethorpe Avenue
DATE OF PUBLIC HEARING: January 7, 1993
CEQA STATUS: Categorical Exemption, Class 3
SUPPORT: That 2 people spoke at the public heazing in support of the proposal, and that one
letter in support was received.
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 authority of Code Section
18.12.060.090 to retain a 9-foot high block and chain link fence:
Sections 18.04.043.102 - Maximum fence height.
and 18.34.064.070 (6-foot hi hg f,_ ence permitted in side and rear
yards; 9-foot hi hg f,_ ence existing)
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 heazing
having been duly noticed for and held on the date set forth above, I do hereby find:
1. That the petitioner submitted data documenting 62 criminal incidents which have taken place
at subject apardnent complex during the last two yeazs, consisting of vandalized automobiles,
stolen property, burglaries, stolen automobiles, apartment break ins, and vandalized mailbox
and stolen checks;
2. That subject fence was constructed to reduce or eliminate the crime problem caused by non-
residents gaining access to subject apartments by climbing over the previous fence, and that
speakers at the public hearing testified that the 9-foot high. fence has eased that problem;
3. That the 9-foot high fence is not visible to the public along Orangethorpe Avenue;
4. That there aze special circumstances applicable to the property consisting of topography,
location and surroundings, which do not apply to other identically zoned properties in the
vicinity because the grade difference between subject property and adjacent properties made it
easy for non-residents to climb into subject property before the new fence was constructed;
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VARIANCE NO. 4211
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 QUALITY ACT FINDING, That the Zoning Administrator has
reviewed the proposed waiver of maximum fence height to retain a 9-foot high block and chainlink
fence on an irregulazly-shaped pazcel of land consisting of approximately 13.6 acres, having a
frontage of approximately 580 feet on the north side of Orangethorpe Avenue, having a maximum
depth of approximately 1,010 feet, being located approximately 460 feet west of the centerline of
Imperial Highway and further described as 5601 East Orangethorpe 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 of California Environmental
Impact Report (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 Vaziance No.
421 i, 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 aze on file
with the Planning Department mazked Exhibit No. 1.
2. That plans shall be submitted for building and/or zoning permits. Said plans shall show
conformance with Engineering Standazd Plan No. 137 pertaining to sight distance visibility.
3. That the existing storm drain shall be inspected and any damage repaired, as required by the
Public Works Engineering Deparhnent.
4. That the property owner shall obtain an encroachment license from the City of Anaheim for
the portion(s) of the wall located within the City (flood control) easement.
5. That prior to issuance of a building permit or within a period of one (1) yeaz from the date
of this decision, whichever occurs first, Condition Nos. 1, 2, 3 and 4, 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.
6. 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 regazding any other applicable ordinance, regulation or
requirement.
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VARIANCE NO. 4211
This decision is made, signed, and entered into the file this day fourteenth of January, 1993.
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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 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 MAlL: I do hereby declare under penalty of perjury that on the
date set forth below, I did deposit, in the United States Mail, a wpy of the decision to the applicant
and did forwazd a copy to the City Clerk.
DATE: January 14, 1993
Peggy
Acting Secretazy
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