Resolution-ZA 1999-38~ ,_
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DECISION N0. ZA 99-38
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 171
OWNERS: Jose Ramos and Janet Garcia
1202 E. Haven Drive
Anaheim, CA 92801
LOCATION: 1202 East Haven Drive
REQUEST: Waiver of the following to construct a 4-foot high fence consisting of wrought iron and block
pilasters in the front yard setback area of asingle-family residence in the RS-7200 zone:
Sections 18.04.043.101(al - Maximum fence height.
18.12.080.015. 3-foot high fence permitted in 24-foot front setback;
and 18.25.064 4-foot high wrought iron and block wall fence
proposed)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
Administrative Adjustment, and subject petition having been. duly noticed and no written objections having
been received, I do hereby find, pursuant to Section 18.12.080:
1. That an administrative adjustment may be approved when a proposed fence height exceeds the
maximum permitted for the underlying zone; but that during the required 10-day public
notification for this administrative adjustment, a letter in opposition to the proposal was received
and, therefore, a public hearing was scheduled, duly noticed and held on October 7, 1999.
2. That the proposal, consisting of a decorative wrought iron fence with a concrete block base
(about 1-foot high) and concrete block pilasters (maximum 4 feet high), has been reviewed by
Traffic Engineering staff to verify that pedestrian and vehicle lines-of-sight along Haven Drive and
East Street are not obstructed.
3, Thatthe proposed 4-foot high fence is only 1 foot higher than permitted by Code and that it is not
a solid fence.
4. That no one indicated their presence at the public hearing in opposition to this proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Director or his
authorized representative has determined that the proposed project is Categorically Exempt, under
Section 15061(b)(3), as defined in the State of California Environmental .Quality Act Guidelines and is,
therefore, categorically exempt from the requirement to prepare an Environmental Impact Report.
Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No.
171, subject to the following conditions:
1. That within a period of one (1) year from the date of this decision, 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 (site plan) and 2 (photographs of partially competed fence). Extensions for further
time to complete this condition may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
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2. 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 reganling any other applicable orclinance, regulation or requirement.
This decision is made, signed, and entered into the file this 11th day of October 1999.
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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 Cterk 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 deGare under penalty of perjury that on the date set
forth'below, I did deposit, in the United State Mail, a copy of the decision to the applicant and did forward
a copyto the City Clerk.
DATED: October 10, 1999
Patricia Koral, Word cessing Operator
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ZA 99-38
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CITY OF ANAHEIM, CALIFORNIA
Planning Department
November 24,-1999
Hardin Oldsmobile
Attention: Walter. J. Cadman
1300 South Anaheim Boulevard
Anaheim, CA 92805
Re: Special Circumstances Waiver No. 99-04 -Approved for one vear until November 18 2000.
On November 18, 1999, Annika M. Santalahti, Zoning Administrator, considered your request for Special
Circumstances Waiver No. 99-05 to permit banners mounted on light poles at an existing automobile
dealership located at 1300 South Anaheim Boulevard (Hardin Oldsmobile) for a period of two years. She
made the following findings:
1. That this proposal (as described in a letter dated on October 19, 1999 and submitted by
Walter Cadman, General Manager, and in the Staff Report to the Zoning Administrator dated November 18,
1999, and as shown on the submitted exhibits) is for 14 pole-mounted banners adjacent to Anaheim
Boulevard for a period of two consecutive years; and that the property is developed with an automobile
sales facility located in the ML (Limited Industrial) zone.
2. That temporary banners shall be displayed ohly after a Special Event Permit ("S. E.P.") has
been issued in accordance with Section 18.02.055 (Special Event Permits -General) and Subsection
18.05.070.010.
4. That approval of a Special Circumstances Waiver (allowing modification and/or waiver of
regulations pertaining to special events) is authorized by Subsection 18.02.055.080 "Zoning Administrator
Review" (of Special Events Permits) and Section 18.12.085 "Special Event Permit -Review" of the Anaheim
Municipal Code.
5. That this request is for waivers of Code subsections 18.02.055.060.0607 and
18.02.055.060.0608 (maximum nine consecutive days permitted per S.E.P. and a maximum of four S.E.P.'s
permitted per calendar year for a total of 36 days per calendar year; ,two consecutive years proposed), and
Section 18.02.055.050 (permitted locations and zones; proposed in the ML zone, where S.E.P.'s are not
specifically permitted).
6. That this request is approved for a period of one year based on extraordinary circumstances
which apply to this property beyond the control of the property owner or business owner and which consist
of the CalTrans construction on the Santa Ana (I-5) Freeway on and off-ramps in the vicinity, as well as road
construction and underground utility installation occurring adjacent to this property since 1992; and that such
im-pacts include- lane closures, traffic congestion, difficult access and limited visibility to this site from.
Anaheim Boulevard; and that the freeway construction. activities and the adverse conditions along Anaheim
Boulevard are expected to cease in about one year.
Based on the above-findings, Special Circumstances Waiver No. 99-04 is hereby approved for a period of
one (1) year until November 18, 2000 subject to the following conditions:
200 South Anaheim Boulevard
P.O. Box 3222, Anaheim, California 92803 (714) 765-5139 www.anaheim.net
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1. That this request is approved for a maximum of fourteen (14) banners mounted on fourteen (14) light
poles at an existing automobile dealership, as shown on Exhibit No. 1; and that the shape and
.approximate size of each banner is about six and one-half feet (6-1/2') long by three feet (3') wide
(give or take six inches in each direction), as shown on Exhibit Na 2; and that both exhibits were
submitted by the petitioner and- are on file with the Planning Department.
2. That the applicant shall maintain all of the banners in good repair and that any wording on the banner
shall be restricted to the name of the dealership and/or the automobile (i.e. "Oldsmobile") logo.
3. That this .outdoor event, consisting of banners displayed for a period of one (1) year and the various
activities associated with it, shall comply with all the standards and requirements set forth in Section
18.02.055 Special Event Permit -General of the Anaheim Municipal Code unless otherwise
specifically provided herein, in compliance with Subsection 18.02.055.0606.
4. That the applicant shall obtain one (1) or more Special Event Permits and shall pay the appropriate
filing fees for one. (1) year (i.e., a total of three hundred sixty five (365) days), as determined to be
appropriate by the Zoning Division.
This decision shall become final unless arr appeal to the City Council, in writing, accompanied by an appeal
fee, is filed with the City. Clerk within ten (10) days of the date of this letter or unless. member of the City
Council request review of this decision within said 10 days.
If you have any questions, please contact Dave See, Associate Planner, Zoning Division, at 714 765-5139,
extension 5751.
Sincerely,
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Patricia Koral
Senior Word Processor
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