Resolution-ZA 2001-35C
DECISION NO. ZA 2001-35
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-4445, IN PART
OWNER: Prichard Family Venture 1
Attn: Ron Prichard
6 Via Mirage
Rancho Santa Margarita, CA 92688
LOCATION: 115 North West Street and 1110 West Diamond Street
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: September 20, 2001, continued from the meetings of July 26 and September 6, 2001.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence in opposition was received.
SUPPORT: That one neighbor (the owner of the adjoining property to the west) appeared at the public
hearing in support of the proposal.
REQUEST: Petitioner requests the following waiver to permit and retain an existing 8-foot high block
wall within the front yard of an existing 16-unit apartment complex in the RM-1200
(Residential, Multiple Family) Zone:
Sections 18.04.043.100.101 - Maximum fence height.
18.12.060.090 (Permitted: 3-foot height in the front 15-foot setback;
18.34.063.012 Revised proposal: 5-foot 2-inch high wrought iron fence on a 2-foot
and 18.34.064.070 retaining wall at the front property line along Diamond Street)
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 petitioner submitted revised plans replacing the 8-foot block wall along the front property
line (Diamond Street) with a 5-foot, 2-inch high wrought iron fence on a 2-foot retaining wall.
2. That this variance is approved on the basis that there are special circumstances applicable to the
property consisting of its shape, location and surroundings, which do not apply to other identically zoned
properties in the vicinity, because this lot has frontage on two streets (West Street and Diamond Street) and
the Diamond Street frontage adjoins the "rear yard" of this property.
3. That the proposed fencing will enhance security for the underlying property; that the revised
wrought iron fence will, as shown on Revision No. 1 of Exhibit No. 1 and as approved by the City Traffic and
Transportation Section, provide adequate lines-of-sight between the neighboring driveway to the west and
pedestrians and traffic along Diamond Street; and that the wrought iron fence will extend back approximately
6'/ feet on the west side and 1 to 2 feet on the east side to maintain the line-of-sight.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because the adjacent property to the west was
developed with a 5-foot setback from Diamond Street.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2001-04445, in part, subject to the following conditions:
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That permits shall be obtained from the Building Division for the approved wrought iron fence and
retaining wall. The property owner shall submit plans for review and approval by the Zoning Division and
the Building Division. The plans shall specifically show the landscaped planter along the north property
line (Diamond Street) and extending south approximately six and one-half (6'/) feet on the west property
line and one (1) to two (2) feet on the east property line. The plan shall also specify the proposed
landscaping in the planter.
2. That the owner of subject property shall be responsible for removal of any on-site graffiti within twenty
four (24) hours of its application.
3. (a) That the landscaping in the planter along Diamond Street shall be maintained at an overall height
of three (3) feet or less measured from the street side to maintain the lines-of-sight for the
neighbor's driveway on the adjacent property to the west.
(b) That the landscaping in the planter along Diamond Street shall be maintained and immediately
replaced in the event that it becomes diseased or dies.
4. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in
conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for wall/fence
locations.
That no solid or obscure material (e.g., screening, mesh or netting) shall be attached to the wrought iron
portion of the proposed fence within the line-of-sight area shown in Engineering Standard No. 137
pertaining to sight distance visibility.
6. 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 Revision No. 1 of Exhibit Nos. 1 and 2, and as conditioned herein.
That within a period of three (3) months from the date of this decision or prior to issuance of a permit for
the approved fence, whichever occurs first, Condition Nos. 1 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 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 27th day of September 2001.
~ Coil
Annika M. Santala ti Zonin dministrator
9
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 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: September 27, 2001 ~~~-~ Ct ~'~ ~~C~
Patricia Koral, Senior Word Processing Operat
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