Resolution-ZA 2004-21• •
DECISION NO. ZA 2004-21
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2004-04611, IN PART
OWNER: Luz Cabo
171 South Belleza Lane
Anaheim, CA 92807
AGENT: Luz Cabo
PO Box 10007
Newport Beach, CA 92658
LOCATION: 171 South Belleza Lane
CEQA STATUS: CEQA Categorical Exemption-;Class 3
HEARING DATE: July 22, 2004, continued from June 24, 2004.
OPPOSITION: Two people indicated their presence at the public hearing in opposition to the proposal
and no correspondence'in opposition was received.
REQUEST: Waiver of the following to perrtiif an existing fence within the required front yard setback
of a single family residence in the RH-1(SC} "Single Family Hillside Residential -Scenic
Corridor Overlay" zone (former R5-HS-43,000(SC) zone):
Sections 18.04.043.100.101(a) - Maximum fence height.
18.12.060.050 (3-foot high fence permitted in the required
18.12.060.090 15-foot front setback along Belleza Lane;
18.22.063.010 5'/z foot high fence proposed 5 feet from Belleza
and 18.22.064.070 Lane)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Sectiom 18.12.040 (Authority and Duties), to decide the above-referenced petition and a public
hearing having been duly noticed for and held on the date set forth above, 1 do hereby find:
1. That the waiver is hei-ebyapproved,'in part, to permit the 5'h foot high fence/wall (as
measured from the highest finished adjacent grade) located parallel to and setback 5 feet from Belleza
Lane,.. but that the fencelwall at the northeast corner of subject property shall be modified such that no
solid portion of the fence/wall exceeding 3 feet=in'height is located within a triangle having a 15-foot `leg'
along the north property line and a 15-foot leg' along Belleza Lane (as shown on Revision No. 1 of Exhibit
No. 1) in order to maintain aline-of-sight for vehicles exiting the driveway on the neighboring lot to the
north. And, further, that the design of the fence%wall shall be modified to ensure that the transition
between the decorative fence/wall and the unfinished block wall/retaining wall along the north property line
is visually attractive.
2. That strict application of the Zoning Code would deprive subject property of privileges
enjoyed by other properties in identical zoning classification in the vicinity because other lots along Belleza
Lane have similar walls and fences with shallow front setbacks.
3. That there are special circumstances applicable to the property consisting of its topography
and location, which do not apply to other identically zoned properties in the vicinity because the grade
difference between such other adjoining properties is shallower.
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4. That subject to the conditions herein, including modification to the location and design of the
fence/wall near the northeast corner of subject property, approval of this variance will not have an adverse
impact on adjoining lots.
5. That this Variance No. 2004-04611 was submitted to the Planning Department and was
deemed complete on May 17, 2004 prior to the effective date (i.e., 30 days after adoption) of Ordinance
No. 5920 which was adopted by the City Council on June 8, 2004 to amend Title 18 "Zoning" of the
Anaheim Municipal Code in its entirety; and'that submittal and approval of this variance complies with
paragraph (d) of Section 5 of said ordinance which specifies that nothing contained in Ordinance No. 5920
shall apply to any project that has submitted;any zoning entitlement (including Conditional Use Permits) to
the Planning Department and which sutmittal`is"deemed complete by staff as of 5 p.m. on the day before
the effective date of the ordinance. Said'project`shall be permitted provided that the proposal is approved
or conditionally approved by the: Zoning Administrator; and that such project shall have commenced within
the time limitation specified in the Decision approved by the Zoning Administrator, unless said time period
is duly extended by the approval authority; and if a building permit is required, construction shall have
commenced and shalt be completed within a period of three hundred sixty five (365} days from the date
the building permit is issued, unless said time period is duly extended by the Building Official.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2004-04611, in part, 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 Detail No. 115-A (former No. 137} pertaining to sight
distance visibility for the fence/wall location near the adjacent driveway on the lot to the north.
2. That plans shall be submitted to the Zoning Division for review and approval showing modification of
the portion of the fence/wall that is located at the northeast corner of the property within a triangle
having a fifteen (15) foot'!eg' along the;north property line and a fifteen (15) foot'leg' along the east
property line paralleling BeAeza Lane"'`(asashown on Revision No. 1 of Exhibit No. 1) to permit an
appropriate line-of-sight for vehicles exiting the driveway on the neighboring lot to the north.
The fence1wa11 within said triangle shall either lie modified such that no solid portion of the fencetwall
exceeds three (3) feet in height as measured from the finished grade of the driveway on the adjacent
lot to the north (for example, three (3) foot high solid wall topped by two and one-half (2%2) feet of
decorative wrought iron fencing) or, if the height of the solid portion exceeds three (3) feet above the
grade of the adjacent driveway, the fence/wall shall be relocated out of the triangle area.
Additionally, the design of the fence/wall shall be modified to ensure that the transition between the
decorative fence/wall and the unfinished block retaining wall along the north property line is visually
attractive. The means of achieving a satisfactory transition between the decorative fencetwall and the
unfinished block wall shall be specified on the plans submitted for approval (i.e., color, material,
dimensions, and location).
3. That the appropriate permits shall be obtained from the City of Anaheim, as required by the Building
Division, for the subject combination block wall and wrought iron fencing, and retaining wall along the
north property line. _;
4. That subject property shall be developed substantia{ly 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 No. 1, and as conditioned herein.
5. That within six (ti) months from the date of th~s~Decision or prior to issuance of a building permit for
the fence/wall, whichever occurs first, Condition Nos. 1, 2 and 3, 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) ofahe Anaheim Municipal Code.
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6. .That within six (6) months following compliance with Condition No. 5, above, the fence/wall shall be
completed in accordance with Condition No. 4 and the plans approved in connection with Condition
Na 2.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim MunicipalZoning 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~tFie file this 29~' day of July 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: July 29, 2004 ~ 1~~ ~- / `~ ~-~~~
°Danielle C. Masciel, Word Processing Operator ~~~
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~- DECISION NO. ZA 2004-21
- A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2004-04611, IN PART
OWNER: Luz Cabo
171 South Belleza Lane
. • Anaheim, CA 92807
AGENT: Luz Cabo
PO Box 10007
Newport Beach, CA 92658
LOCATtON: 171 South Belleza Lane
CEQA STATUS: CEQA Categorical Exemption - Ciass 3
HEARING DATE: July 22, 2004, continued from June 24, 2004.
OPPOSITION: Two people indicated their presence~at the public hearing in opposition to the proposal
and no~correspondence in opposition was received.
REQUEST: Waiver of the following to permit an existing fence within the required front yard setback
of a single family residence in the RH-1(SC) "Single Family Hillside Residential -Scenic
Corridor Overlay" zone (former RS-HS-43,000(SC)'zone}: ,
Sections 18.04.043.100.101(a) - Maximum fence height,
18.12.060.050 ~. (3-foot high fence permitted in the required
18.12.060.090 15-foot front setback along Belleza Lane;
18.22.063A10 5'/ foot high fence proposed 5 feet from Belleza
and 18.22.064.070 Lane)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040 (Authority and Duties}, to decide the above-referenced petition and a public
hearing having been duly noticed for and held on the date set forth above, { do hereby find:
1. Thai the waiver is hereby approved, in part, to permit the 5Y: foot high fence/waN (as
measured from the highest finished.. adjacent grade) located parallel to and setback 5 feet ftom Belleza
Lane, but that the fence/wall at the northeast corner of subject property shall be modified such that no
solid portion of the fence/vrall exceeding 3 feet in height is located within a triangle having a 15-foot `leg'
along the north property line and a 15-foot `leg' along Belleza Lane (as shown on Revision No.1 of Exhibit
No. 1) in order to maintain aline-of-sight for vehicles exiting the driveway on the neighboring lot to the
north. Arid, further, that the design of the fence/wall shall be modified to ensure that the transition.
.between the decorative fence/wall and the unfinished block wall/retaining wall along the north property line
is'Visually attractive. ,.
2. That strict application of the Zoning Code would deprive subject property of privileges
enjoyed by other properties in identical zoning classification in the vicinity because other lots along Belleza
Lane have similar walls and fences with shallow front setbacks. -
3. That there are special circumstances applicable to the property consisting of its topography
and location, which do not apply to other identically zoned properties in the vicinity because the grade
difference between such other adjoining properties is shallower.
•., ..
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•
4. That subject to the conditions herein,. including modification to the location and design of the
fence/wall near the northeast corner of subject property, approval of this variance will not have an adverse
impact on adjoining lots.
5. That this Variance No. 2004-04611 was submitted to the Planning Department and was
deemed complete on May 17, 2004 prior to the effective date (i.e., 30 days after adoption) of Ordinance
No. 5920 which was adopted by the City Council on June 8, 2004 to amend Title 18 "Zoning° of the
Anaheim Municipal Code in its entirety; and that submittal and approval of this variance complies with
paragraph (d) of Section 5 of said ordinance which specifies that nothing contained in Ordinance No. 5920
shad apply to any project that has submitted any:zbning entitlement (including Conditional Use Permits) to
the Planning Department and which submittal is deemed complete by staff as of 5 p.m. on the day before
the effective date of the ordinance. Said project shall be permitted prov'sded that the proposal is approved
or conditionally approved by the Zoning Administrator; and that such project shall have commenced within
the time limitation specified in the Decision approved by the Zoning Administrator, unless said time period
is duly extended by the approval authority; and if a building permit is required, construction shall have
commenced and shall be completed within a period of three hundred sixty five (365) days from the date
the building permit is issued, unless said time period is duly extended by the Building Official:
Based on the evidence and testimony presented to me, l do hereby determine to approve Variance No.
2004-04611, in part, subject to the following conditions:
That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard Detail No. 115-A (former No. 137) pertaining to sight
distance visibility for the fence/wall location near the adjacent driveway on the lotto the north.
That plans shall be submitted to the Zoning Division for review and approval showing modification of
the portion of the fence/wall that is located at the northeast corner of the properly within a triangle
having a fifteen (15) foot leg' along the north property line and a fifteen {15) foot'leg' along the east
property lire paralleling Belleza Lane,(a"s shown on Revision No. 1 of Exhibit No. 1) to permit an
appropriate line-of-sight for vehicles'exiting•the driveway on the neighboring lot to the north.
The fence/wall within said triangle shall either be modified such that no solid portion of the fence/wall
exceeds three {3) feet in height as measured from the finished grade of the driveway on the adjacent
lotto the north (for example, three (3) foot high solid wall topped by two and one-half (2'/:) feet of
decorative wrought iron fencing) or, if the height of the solid portion exceeds three (3) feet above the
grade of the adjacent driveway, the fence/wall.shai! be relocated out of the triangle area.
Additionally, the design of the fence/wall shall be modified to ensure that the transition between the
decorative fence/wall and the unfinished block retaining wall along the north. property line is visually
attractive. The means of achieving a satisfactory transition between the decorative fence/wall and the
unfinished block wall shall be specified on the plans submitted for approval (i.e., color, material,
dimensions, and location).
3. That the appropriate permits shall be obtained from the City of Anaheim, as required by the Building
Division, for the subject combination block wall and wrought iron fencing, and retaining wall along the
north properly tine.
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 Revision No. 1 of Exhibit No. 1, and as conditioned herein.
5. That within six (6) months from the date of this Decision or prior to issuance of a building permit for
the fence/wall, whichever occurs first, Condition Nos. 1, 2 and 3, above-mentioned, shalt 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, Conditiona{ Use Permits, Administrative Use Permits,
Variances and Administrative Adjustments) of the Anaheim Municipal Code.
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6. That within six (6) months following compliance with Condition No. 5, above, the fencelwall shall be
completed in accordance with Condition, No. 4 and the plans approved in connection with Condition
No. 2.
7. 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,anjr'aetion 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 fite~this 29'" day of July 2004.
Annika M. Santalahti, Zoning Administrator
NOTICE: This Decision shall become final unless an appeal to the City Council, in writing, accompanied
by 2C1 appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or
unless members of the Gity 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, 1 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: July 29, 2004 `. . ~ i "" v'e- ~' ~ ~'~u~
;:. ~ Danielle C. Masciel, Word Processing Operator ~~~
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