Resolution-ZA 2006-06•
RESOLUTION NO. ZA2006-06
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04682 BE GRANTED
(3131 WEST BALL ROAD)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
THE WEST 66 FEET OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER ODF SECTION 14, TOWNSHIP 4 SOUTH, RANGE
11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
ORANGE, STATE OF CALIFORNIA.
TOGETHER WITH 1/4T" INTEREST IN AND TO A WATER WELL AND PUMPING
PLANT SITUATED ON THE WEST 66 FEET OF THE EAST 132 FEET OF THE
WEST 264 FEET OF THE ABOVE DESCRIBED LAND.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on April 13, 2006, at 9:30 a.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures",
to hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct an addition to an existing
single family residence:
SECTION NO. 18.14.100.010 Minimum side yard setback
L10 feet required; 5 feet proposed).
2. That the above-mentioned waiver is hereby approved as the proposed side yard setback
would not have an adverse impact on neighboring properties since the single-family residence meets all
other development standards, and that the proposed addition to an existing single-family residence would be
compatible with other existing residential units on adjacent properties.
3. That there are special circumstances relative to this property to justify this waiver, including
the narrow width of the property in comparison to other properties in the T zone, and further that the existing
house has a nonconforming side yard setback.
4. That nobody indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
_1 _ ZA2006-06
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1. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
fifty-three (53) feet in width from the centerline of Ball Road for road, public utility, and other public purposes.
2. [Deleted at the public hearing]
3. That the 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 - 4, and as conditioned herein.
4. That prior to issuance of a building permit, or within a period of one (1) year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 3, 5, 6, and 8, above-mentioned, shall be Complied
with. Extensions for further time to complete said conditions may be granted in accordance with Code
Section No. 18.03.090 of the Anaheim Municipal Code.
5. 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.
6. [Added at the public hearing] That the proposed driveways shall be improved per City
Standard Detail No. 115-B. Said improvements shall clearly be shown on the grading plan.
7. [Added at the public hearing] That a maximum of two (2) operable recreation vehicles (RVs)
shall be permitted within the front setback area as shown on the site plan. No other vehicles shall be
permitted within the front setback area.
8. [Added at the public hearing] That a final site plan shall be submitted to the Planning
Department for review and approval. Said plan shall show shrubs, which can reach a mature height of at least 8
feet, to be planted adjacent to the RV parking area within the front setback area. Any decision made by the
Planning Department regarding said plan may be appealed to the Zoning Administrator. All shrubs shall be
properly and professionally maintained by the property owner to ensure mature, healthy growth. Such
information shall be specifically shown on the plans submitted for building permits.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine. that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of April
13, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
4-14-2006 ~~
DATE ANAHEIM ZONING ADMINISTRATOR
ATT T:
SENIOR SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on April 13,
2006.
IN WITNESS WHEREOF, I have hereunto set my hand this --~1-~--- day of
2006.
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S . SE RETARY, ANAHEIM ZONING ADMINISTRATOR
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