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Resolution-ZA 2000-01 DECISION NO. ZA 2000-01 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.4386 OWNERS: Ishwar and Kalika Chander 180 S. Belleza Lane Anaheim, CA 92807 AGENT: Great American Backyard Co. Attn: Norman M. Sanoff P.O. Box 2958 Culver City, CA 90231 LOCATION: 180 South Belleza Lane CEQA STATUS: CEQA Categorical Exemption, Class 5 HEARING DATE: December 30, 1999 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal; and no correspondence was received in opposition. SUPPORT: One neighbor spoke at the public hearing in support of the proposal; and a petition, submitted at the hearing and signed by eight neighbors, indicated no objection to the proposal. REQUEST: Petitioner requests waiver of the following to construct a lighted tennis court with 10- foot high chain link fencing, which partially encroaches into the required side yard setback area of a reversed comer lot in the RS-HS-43,000(SC) (Residential, Single- Family Hillside -Scenic Corridor Overlay) Zone: Sections 18.04.043.102(e)(1)(i) - Maximum fence height within a required side yard setback. 18.12.060.090 3-foot height permitted in the 15-foot side yard along Peralta 18.22.063.010 Hills Drive; 10 feet proposed) and 18.22.064.070 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 hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That the waiver is hereby approved based on the grade difference between Peralta Hills Drive and the subject property, which reduces the visual impact of the proposal; that the petitioner testified that the portion of subject property where the tennis court is proposed is up to seven feet lower than PeraRa Hills Drive) and, therefore, the proposed fence will visually be lower than 10 feet when viewed from the street; that the proposed encroachment into the 15-foot setback is minimal because it impacts only 20% of the overall street frontage along Perafta Hills Drive (about 52 feet) and the proposed setback ranges from 0 to 10 feet in depth; and that there is an existing block wall along this portion of Perafta Hills Drive. 2. That there are special circumstances applicable to the property consisting of its topography, location and surroundings, which do not apply to other identically zoned properties in the vicinity. 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. V43136.DOC - 1 of 3 - ZA 2000-01 ~ • 4. That the property owners' agent testified at the public hearing that the chain link fence would be colored black, which is visually less obtrusive than metal-colored chain link, and that it would be so- colored in a manner which will not disintegrate; and that the west, north and east sides of the tennis court fendng will indude fabric to lessen visibility into the tennis court. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4386, subject to the following conditions: 1. That plans showing drainage of subject property shall be submitted for review and approval by the City Engineer. 2. That any speclmen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Munidpal Code pertaining to the 'SC" Scenic Corridor Overlay Zone. 3. (a) That lighting for this tennis court shall be designed and positioned in a manner so as not to unreasonably illuminate or cause glare onto adjacent residential properties and streets. (b) That plans and any other necessary information required by staff shall be submitted to the Planning Department for review and approval to fully describe and specify the proposed tennis court lighting. (c) Following installation of the approved tennis court lighting, the contractor and/or the property owner shall submit information (such as photographs) to the Planning Department to show that those light fixtures do not glare onto the adjacent residential parcels to the north and east or onto Peratta Hills Drive to the south. (d) That landscaping shall be planted along the south side of the proposed chain link fence to buffer said fence from Peralta Hills Drive (said landscaping is not required to fully screen the fence but, instead, to provide visual relief along the chain link fence). The spedfic plants, sizes and sparing shall be identified on plan(s) submitted to the Planning Department for review and approval in connection with the permit for the tennis court. The plants shall be visually compatible with existing landscaping along this portion of Peralta Hills Drive. 4. That the property owner shall obtain the proper approval(s) from the City of Anaheim Public Utilities Department permitting construction within the five (5) foot wide public utility easement (electric and/or other utility) along the south property line. Documentation of such approval shall be submitted to the Zoning Division prior to issuance of a building permit. 5. That subject property shall be developed substantially in accordance with plans and spedfications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, including that landscaping shall be planted along the proposed chain link fence to buffer said fence from PeraRa Hills Drive, and as conditioned herein. 6. That prior to issuance of a permit for the tennis court, or prior to commencement of any construction or grading for the tennis court, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 3(a), 3(b), 3(d) 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. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Munidpal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not indude any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. V4386.DOC - 2 of 3 - ZA 2000-01 t ~ This dedsion is made, signed, and entered into the file this 6"' day of January 2000. ti2til~l2~~?~s `~ Annika M. Santalahti Zoning Administrator NOTICE: This dedsion shall become final unless an appeal to the City Coundl, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this dedsion or unless members of the City Coundl shall request to review this dedsion within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby dedare under penally of perjury that on the date set forth below, I did deposit, in the United States Mail, a copy of the dedsion to the applicant and did forwan:J a copy to the City Clerk. DATE: MAILING DATE January 6, 2000 Patrida Koral Sr. Word Processing Operator V4386.DOC - 3 of 3 - ZA 2000-01