Resolution-ZA 2001-12•
DECISION NO. ZA 2001-12
•
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2001-00210
REQUESTED 8Y: Robert A. Massari and Athene F. Massari
5833 Kellogg Drive
Yorba Linda, CA 92886
LOCATION: 430 North State College Boulevard
DATE NOTICES MAILED: February 23, 2001
REQUEST: Waiver of the following to permit and retain an exiting 7-foot high wrought iron fence
within the required front yard setback of an office building in the CL (Commercial,
Limited) Zone:
Sections 18.04.043.100.101(a) - Maximum fence height.
18.12.080.015.0151 3 feet high permitted in 10-foot front setback
18.44.063.010 along State College Boulevard;
and 18.44.064.080 7 feet proposed at front property line)
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:
That although one letter of opposition was received during the 10-day public notification period,
the same individual sent a second letter and withdrew his opposition.
That the request is hereby granted in accordance with Subsection 18.12.080.015 of the Anaheim
Municipal Code which permits waiver of maximum fence height in connection with administrative
adjustments.
That the legal nonconforming front setback between the building and State College Boulevard is
only 6 feet; and the petitioner indicated that, due to the shallow distance between the public
sidewalk and the office building, the wrought iron fence was constructed to prevent vandalism
such as "tagging' the glass front of the building.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Planning Diredor or his
authorized representative has determined that the proposed project is Categorically Exempt, Class 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.
2001-00210, subject to the following conditions:
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 (site plan and illustration) and 2 (photographs).
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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 inGude 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 15th day of March, 2001.
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 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 copy to the City Clerk.
~~ T
DATED: March 15, 2001 ~ '~~~
Patricia Koral, Sr. ord Processing Operator
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