Resolution-ZA 1993-42~~
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DECISION NO. ZA 93-42
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4227
OWNERS: PING CHICH and NORMA S. WU
567 Peralta Hills Drive, Anaheim, Ca 92807
AGENT: MORIUMI SHIMOMURA
10601 Morada Drive, Orange, CA 92669
LOCATION: 267 Peralta Wav
CEQA STATUS: Categorical Exemption, Class 3 .
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DATE OF PUBLIC HEARING: July 8, 1993 A`
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence in opposition was received.
REQUEST: .Petitioner requests waiver of the following under authority of Code Section
18.12.060.090 to construct a wrought iron fence with solid pilasters:
Sections 18.04.043. lOllc) - Maximum fence hei hg t in uermitted in
18.04.043.102 setbacks and ,yards.
and 18.22.064.070 (6-foot wrought iron fence with pilasters
permitted in all setbacks in RS-HS-43,000 Zone;
8 to 9'/z feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.(140, 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:
That the proposal consists of two 9'h-foot high solid "entrance" pilasters with 8-foot high black
wrought iron gates and fencing having anover-all length of approximately 90 feet before joining
with 6-foot high wrought iron fencing;
2. That there are special circumstances applicable to the property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity, because
the property (and proposed fencing) is located more than 50 feet from a public right-of--way
(Peralta Way), the underlying property is at a higher grade than the two neighboring lots which
are closest to the proposed fencing, and the neighbor closest to the longest segment of the
proposed fencing and gate is separated from subject property by a 25-foot wide private ingress
and egress easement; 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.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of maximum fence height in required setbacks and yards, to construct
an 8 foot high wrought iron fence with 9'/~ foot high pilasters on anirregularly-shaped parcel of land
consisting of approximately 2.3 acres, having an approximate frontage of 25 feet on a private easement
located about 52 feet southwest from the southerly terminus of Peralta Way, having a maximum depth of
approximately 657 feet and further described as 267 Peralta Way; 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
(ElR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4227, 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 mazked Exhibit Nos. 1 and 2; and that the wrought iron shall be black, as testified to
at the public hearing.
2. That subject fence shall be approved by the Traffic Engineering Division to verify line-of--sight
visibility.
3. That prior to issuance of a permit by the Building Division or within a period of one (1) year
from the date of this decision, whichever occurs first, Condition No. 2, 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.
4. That prior to final building and zoning inspections, Condition No. 1, above-mentioned, shall be
complied with.
5. 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 twelfth day of July, 1993.
nnika 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 1 a s 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 MAII.: 1 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.
DATE: July 12, 1993 ~GG~;~2c~t/ ,~, ,
Pamela H. Starnes, Administrative Assistant
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ZA 93-42