Resolution-ZA 2008-08~J
RESOLUTION NO. ZA2008-8
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A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2008-04751
(111 SOUTH MARTIN 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, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a waiver of the maximum permitted height to
construct a 6-foot height fence with 7-foot high pilasters where a 3-foot high fence with 4-foot high
pilasters is allowed by Code within a front yard setback of an existing single-family residence; and
WHEREAS, City staff conducted a visual survey of the neighborhood and
determined that other properties in the vicinity have fencing and pilasters that are similar in height
to the proposed project and that exceed the maximum height allowed by Code for the front setback
area; and
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on April 24, 2008, 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 did conduct a continued public hearing on
May 22, 2008 for purposes of allowing the applicant time to modify submitted plans and address the
issue of encroachment into a designated public utility and private road easement; and
WHEREAS, said Zoning Administrator held the continued public hearing at the
Civic Center in the City of Anaheim on May 22, 2008, and 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 requests waiver of the following provisions of the Anaheim
Municipal Code to construct a 6-foot high fence with 7-foot high pilasters.
(a) SECTION NO. 18.46.110.060 AND Maximum fence height (3 foot high
SECTION NO. 18.04.100.040 fence with 4-foot high pilasters
permitted in front yard; 6-foot high
fence with 7-foot high ilasters
proposed).
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2. That the above-mentioned waiver (a) is hereby approved, as this property has a
unique shape, orientation, surroundings, and topogaphy that warrant special consideration because
these physical characteristics have constrained the developable area of the lot and the orientation of
the single-family residence constructed on the lot, leaving the property with a limited rear yard area
adjacent to Santa Ana Canyon Road, with the largest usable open space and recreation areas located
in the front and side of the residence adjacent to Martin Road. The proposed fence would provide
the property with additional usable private recreation area.
3. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15311, 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 approve Variance No. 2008-04751, to construct a 6-foot height fence with 7-foot high
pilasters within a front yard setback of an existing single-family residence with waiver of the
maximum fence height, upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of the subject property, and in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
Responsible for
No. Conditions of Approval Monitoring
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That the subject property shall be developed substantially in accordance with
1 plans and specifications submitted May 2, 2008, to the City of Anaheim by the Planning
petitioner and which plans are on file with the Planning Department marked
Exhibit Nos. 1 through 2 as conditioned herein.
That landscape plans indicating layered landscaping within the existing private
2 road and utilities easement along Martin Road and in front of the proposed fence Planning, Public
shall be submitted for review and approval by the Planning Department, Public Works, Public
Works Department and Public Utilities Department. Landscape materials shall Utilities
not conflict with any underground utilities. Said landscaping shall be installed
prior to final building and zoning inspection.
That plans submitted for building permits shall indicate that all fencing, gates and
3 pilasters will be located, as shown on the revised plans dated May 2, 2008,
Planning
outside of, and shall not obstruct or block, the existing 40-foot wide private road ,
Building
Public
and public utility easement fronting Martin Road and the entire southern property ,
Works
line of the subject property. All fencing shall be limited to 6 feet high and
pilasters, including decorative ca s, shall be limited to a maximum of 7 feet high.
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4 I That extensions for further time to complete said conditions may be granted in I Planning
accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code.
That approval of this variance application constitutes approval of the proposed Planning
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.
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.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of May 22, 2008. 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.
ANAHEIM ZONING ADMINISTRATOR
ATTEST:
SECRETARY, ANAIIF~IM PLANKING DEPARTMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Donna Patino, Secretary to the Planning Department, do hereby certify that the foregoing
resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on May 22,
2008.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~' ~ ~, 2008.
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-T
Y, ANAHEIM PLANNING DEPARTMENT
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