Resolution-ZA 2006-13~ r
RESOLUTION NO. ZA2006-13
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04688 BE DENIED
(1744 NORTH WOODWIND LANE)
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
LOT 39 OF TRACT 5989.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on June 22, 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 in 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 waivers of the following to permit and retain an existing fence
and gate within the front yard setback of an existing single family residence:
(a) SECTION NO. 18.46.100.050
Minimum front yard landscaping.
50% required; 0% proposed)
(b) SECTION NO. 18.46.110.010.030
Maximum fence height.
L feet permitted within the required front yard
setback; 6 feet proposed)
2. That the above-mentioned request for waivers (a) and (b) is hereby denied as there are no
special circumstances applicable to the property pertaining to the size, shape, location or surroundings which
do not apply to other identically-zoned properties in the vicinity to justify the fence height and landscaping
waiver requests.
3. That the requested front yard fencing and absence of front yard landscaping would not be in
character with the surrounding neighborhood since there are no other similar 6-foot high front yard fences
adjacent to the sidewalk with no front yard landscaping on other identically-zoned properties in the
immediate vicinity.
4. That the subject 6-foot high fencing and gate, in addition to the concrete slab, within the
required fifteen (15) foot front setback area could potentially encourage the parking of vehicles in this front
yard area, thereby reducing the front yard appeal of the property.
5. That this variance request is the result of a Community Preservation violation notice.
6. That adequate private recreational area is provided on the property without the need for the
front yard fencing waiver request. This would include a a 12-foot by 50-foot rear yard area and a 24-foot by
24-foot area between the house and garage which is outside of the required front setback area.
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.
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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.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of June
22, 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.
`- Z .
DATE AN Z NIN ADMINISTRATOR
ATT
SENIOR ECR RY, 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 June
22, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand this ~F7~~i ~iay of
2006.
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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July 6, 2006
LLA Associates, LLC
4726 Loma Vista Ave
Vernon, CA 90058
Following is an excerpt from the minutes of the Anaheim Zoning Administrator meeting of July 6, 2006.
1a. CEQA CATEGORICAL EXEMPTION -CLASS 15
1 b. TENTATIVE PARCEL MAP NO. 2006-171
OWNER: LLA Associates, LLC
4726 Loma Vista Ave
Vernon, CA 90058
AGENT: Rey Berona
7439 La Palma Ave # 309
Buena Park, CA 90620
LOCATION: 1950 West Corporate Way: This irregularly-shaped 2.84-acre property has a
frontage of 67 feet on the south side of the terminus of Corporate Way, a maximum
depth of 513 feet, and is located 377 feet west of the centerline of Muller Street.
Tentative Parcel Map No. 2006-171 - To establish a 1-lot, 4-unit airspace attached industrial
condominium subdivision for an existing industrial complex.
ACTION: The Anaheim Zoning Administrator has reviewed the proposal to establish a 1-lot, 4-unit
airspace attached industrial condominium subdivision for an existing industrial complex and does hereby
approve a CEQA Categorical Exemption, Section 15315, Class 15 (Minor Land Divisions), as defined in
the State CEQA (California Environmental Quality Act) Guidelines.
The Anaheim Zoning Administrator does hereby determine that the proposed tentative map, including its
design and improvements, is consistent with the Anaheim General Plan, and does therefore approve
Tentative Parcel Map No. 2006-171, to establish a 1-lot, 4-unit airspace attached industrial condominium
subdivision for an existing industrial complex subject to the following conditions:
1. That the legal property owner shall execute an unsubordinated restricted covenant concerning the
proposed shared driveway. The unsubordinated restricted covenant shall include provisions for the
maintenance of the driveway and recordation of an ingress/egress easement for the benefit of
Parcel 1. The unsubordinated restricted covenant shall be in a form approved by the City Attorney's
Office and shall be recorded concurrently with the Parcel Map.
2. That an unsubordinated restricted covenant providing reciprocal access and parking approved by
Planning Services Depatment and in a form satisfactory to the City Attorney shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the
Development Services Division. In addition, provisions shall be made in the covenant to guarantee that
the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking,
vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant
shall be referenced in all deeds transferring all or any part of the interest in the property.
3. That prior to final map approval, a maintenance covenant shall be submitted to the Subdivision
Section and approved by the City Attorney's Office. The covenant shall include provisions for
maintenance of private facilities, and a maintenance exhibit. The covenant shall also include
provisions for regular landscape maintenance, removal of trash and debris, and removal of graffiti
within twenty-four (24) hours from time of occurrence. This covenant shall be recorded concurrently
with the final map.
- 1 of 2 - Excerpt Subtpm No. 2006-171
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4. That prior to final map approval, the final map shall be submitted to and approved by the City of
Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
5. That there shall be a recorded use agreement satisfactory to the City Attorney's office for all parcels
sharing fire protection equipment and associated appurtenances.
6. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical deign), along/across high voltage lines, low voltage lines
crossing private property and around all pad mounted transformers, switches capacitors, etc. said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
7. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 5, and 6, herein-mentioned, shall be
complied with.
8. 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.
Sincerely,
Pat Chandler, Senior Secretary
Anaheim Zoning Administrator
- 2 of 2 - Excerpt Subtpm No. 2006-171