Resolution-ZA 2004-14• ~
DECISION NO. ZA 2004-14
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2004-04604
OWNER: Kevin Hampton
Western National Realty Partners LP
8 Executive Circle
Irvine, CA 92614
LOCATION: 2841 East Lincoln Avenue. Anaheim
CEQA STATUS: Categorical Exemption, Class 3
HEARING DATE: May 13, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence was received in opposition.
REQUEST:. Waiver of the following to`construct a 6-foot high combination block wall and wrought iron
fence in the required front setback of an apartment complex in the RM-1200 (Residential,
Multiple Family) Zone
Sections 18.04.043.100:101(a) - .Maximum fence height.
18.12.060.090 - (3 feet high permitted in the required 20-foot
18.34.063.010.011 setback adjacent to a primary arterial highway;
and 18.34.064.070 6 feet proposed 2 to 18 feet from Lincoln Avenue)
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 there is a special circumstance applicable to this property pertaining to its location which does
not apply to other identically zoned properties in the vicinity because this apartment project takes its primary
access #rom Jeanine Circle {a local street) rather than Lincoln Avenue (an arterial highway) and this project,
in effect, sides-on Lincoln Avenue.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because there are several fences higher than
3 feet constructed on multiple-family properties in the setback along Lincoln Avenue.
3. That on-street parking is not permitted along this section of Lincoln Avenue and, therefore, direct
access between individual apartment entrances and the street is not necessary except as may be required for
emergency purposes. --
4. That a combination block wall and wrought iron fence partially screened with landscaping will
provide an attractive buffer between the residential apartments and traffic along Lincoln Avenue.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-
04604, subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the
fence location relative to the adjacent public sidewalk and the intersection of Jeanine Street and Lincoln
Avenue.
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2. That prior to issuance of a permit for the proposed fence or construction of the fence, whichever occurs
first, landscaping plan(s) for the setback along Lincoln Avenue in front of the proposed block wall and
wrought iron fence shall be submitted to the Zoning Division for review and approval by the Zoning
Administrator as a `Reports and Recommendations' item. Said plan(s) shall include the location of the
proposed fence and- shall show the existing- trees that will retained in front of and behind the proposed
fence, and the proposed additional landscaping in front of the fence. The. irrigation facilities that will
provide for the appropriate. maintenarice of the landscaping both in front of and behind the proposed
fence shall also be indicated on the landscaping plan(s).
The additional landscaping shall consist ofa variety of plants that will minimize the visual impact of the
fence on the neighborhood, be visually attractive when viewed from Lincoln Avenue, and will also serve to
partially screen the Lincoln Avenue as viewed from the outdoor leisure area behind the fence. The
landscaping shall minimally consist of a combination of clinging vines planted on maximum of five (5) foot
centers, shrubs and several trees planted alongthe front side of the combination block wall and fence.
The landscaping plan(s) shall show the size of each vine, shrub (minimum 5 gallons) and tree (minimum
15 gallon sized) at the time of planting, the number of plants, and shall include a sketch or other
information to illustrate how large the plants can reasonably be expected to be 3 to 5 years after planting.
The proposed placement of the trees and shrubs shall take into account the varying depth of the setback
(from 2 to 18 feet) between the proposed fence and Lincoln Avenue. Section 18.04.060 (Landscaping
Requirements -General) of the Zoning Code provides additional information regarding landscaping in
required street setbacks.
3. That the appropriate permits shall be obtained from the Building Division for the combination block wall
and fence.
4. 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 No. 1, and as conditioned herein.
5. That within one (1) year from the date of this Decision, Condition Nos. 1, 2, 3 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 (Time- Limit for Amendments, Conditional Use Permits, Administrative
Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
6. 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 fi a this 20th day of May, 2004.
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. 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: May 20, 2004 ~~'~~~ ~ ~-- ~'` ' " `~~,
Danielle C. Masciel, Word Processing Operator
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