Resolution-ZA 2008-09
RESOLUTION NO. ZA2008-9
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2008-04752
(550 SOUTH WHISPERING RIDGE 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, 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 and to permit a 14-foot high stair-step retaining wall within the front yard setback of an
existing single family residence adjacent to Whispering Ridge Lane; and
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on May 22, 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, 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 permit the construction of a 14-foot high stair-step retaining wall.
(a) SECTION NO. 18.46.110.060 Maximum fence height (3 feet high
permitted in front yard setback; 14 feet
high stair-step retaining wall in the front
Xard setback proposed)
2. That the above-mentioned waiver (a) is hereby approved, as this property. has a
unique topography that requires retaining walls along the north, east and portions of the southwest
sides of the lot and further, that this property is triangular-shaped with a curving street frontage that
results in a uniquely oriented yard that functions more as a side yard or rear yard rather than a front
yard. Further, the proposed retaining wall will allow for additional usable yard area and the
proposed retaining wall will include three stair-step sections that will have layered landscaping that
will break up the height and size of the wall.
3. That one person indicated their presence at said public hearing in favor; and that no
correspondence was received in opposition to the subject request.
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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. 2008-04752, to construct a 14-foot high stair-step retaining wall
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
;:
_._.
That the subject property shall be developed substantially in accordance with
1 plans and specifications submitted to the City of Anaheim by the petitioner and Planning
which plans are on file with the Planning Department marked Exhibit Nos. 1
throu h 2 as conditioned herein.
That landscape plans indicating layered landscaping within the stair-step retaining
2 wall and trees planted at the base of the retaining wall along South Whispering Planning, Public
Ridge Lane shall be submitted for final review and approval by the Planning Works, Public
Department, Public Works Department and Public Utilities Department. Utilities
Landscape materials shall not conflict with any underground utilities.
Landscaping shall be installed rior to final buildin and zonin inspection.
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3 That extensions for further time to complete said conditions may be granted in 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
4 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.
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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 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.
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AHEIMZONING ADMINISTRATOR
ATTEST:
SECRETAJRY, ANAHEIM I~`LANNING DEPARTMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Donna Patino, Secretary to the Anaheim 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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SECRETARY, ANAHE PLANNING DEPARTMENT
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