Resolution-ZA 2008-14RESOLUTION NO. ZA2008-14
A RGSOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2008-04748
(1477 SOUTH MANCHESTER AVENUE)
WHER~AS, tlie 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
Califomia sliown on Eahibit A, attached hereto and incorporated l~erein by this reference; and
WHEREAS, the petitioner requests a waiver of (1) the requirement that the setback
be measured from tUe ultimate right of way and (2) the maximum height of a fence in the front
setback to construct a maximum 6-foot high security fence for an existing office building; and
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Cei~ter
iu tlie City of Anaheim on August 7, 2008, at 9:30 a.m., notice of said public heazing having been
duly given as required by law and in accordance with the provisions of the Auaheim Municipal
Code, Chapter 18.60 "Procedures", to heaz 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 heazing, does find and deterniine the following facts:
l. That the applicant requests waivers of the following to construct a maximum 6-foot
high security fence with pilasters for an existing office building:
(a) SECTION NO. 18. ] 16.090.020
Location that the setback is measured
from (Required to be measure from the
u(timate right of wav; prouosed to be
measured from the prone line)
(b) SECTION NO. 18.116.100.0202
Maximum heieht of a fence in the front
setback (3 feet vermitted; up to 6 feet
ro osed
2. That waiver (a) is hereby apprpved, since the widening of the freeway in front of the
property created an unusual circumstance in which the ultimate planned right-of-way is located
within the building and measuring the setback &om the ultimate planned right-of-way is
impractical.
3. That ~vaiver (b) is hereby approved, since a hardship exists for this property that does
not apply to other properties in the same zone due to the widening of the freeway in front of the
properfy resulting in a property with a limited azea for landscaping and security fencing in front of
V AR2008-04748 - t - ZA2008-14
the building. Further, the proposed landscaping would help to create an attractive buffer between
tUe fence and the street.
4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
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 prepaze additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that tl~e Anaheim Zoning Administrator
does hereby approve Variance No. 2008-04748 subject to the conditions of approval described in
Exhibit "B" attached hereto and incorporated by this reference which aze hereby found to be a
necessary pzerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welfare of the Citizens of the City of Anaheim.
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 chazges 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 August 7, 2008. Said resolution is subject to the appeal provisions set Forth in Chapter
18.60, "Procedures" of the Anaheim Municipal Code pertaining tp appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal,
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~'~IAHEIM ZONING A MINISTRATOR
ATTEST: ~
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. L~t~rz~tie~-~-~ ,/?~L-e'v~-~-~
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-Z- ZA2008- l4
STAT~ OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 August 7, 2008.
IN WITNE3S WHEREOF, I have hereunto set my hand this ~ T° da of
I~ ~' ~, 2008. , Y
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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~ Subject Property
Variance No. 2008-04748
1477 South Manchester Avenue
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10575
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°~ /~ Source: Recorded Tred Maps and/or City GIS.
r~~ `~' Please nole Ihe accuracy is +/- 1wo lo frve feet.
EXHIBIT "B"
VARIANCE NO. 2008-04748
No. Conditions of Approval Responsible for
Monitorin
PRIOR TO ISSUANCE OFA BUILpINC PERMIT OR ONE (1) YEAR FROM THE DATE`
OFTHISRESOLUTION, WHICHEVER OCCURS FIRST
1 The legal property owner shall record a Covenant to
Public Works
remove the proposed fence and pilasters within the Developmenf
ultimate right of way of Manchester Avenue, at no cost to Services
the City, at such time as the City acquires the ultimate
right of way.
2 Plans submitted for building permits shall show public Works
conformance with the current version of Engineering ,
pevelopment
Standazd Detail I 15 pertaining to sight distance visibility Services
for signs, landscaping, and fence/wall locations and
pertaining to commercial driveway radii to the satisfaction
of the Ci En ineer.
3 Plans submitted for building permits shall show any public Works
proposed gates and shall demonstrate that gates shall not ,
Traffic
be installed across any driveway in a manner which may Engineering
adversely affect vehicular traffic on Manchester Avenue
and that installation of any gates shall conform to the
current version of Engineering Standard Detail 475. The
location of any proposed gates shal] be subject to the
review and a roval of the Cit En ineer.
4 The appropriate permit(s) shall be obtained from the City Planning
of A~aheim for the approved fence. Extensions for
Curther time to complete said conditions may be granted in
accordance with Code Section No. 18.03.090 of the
Anaheim Municipal Code.
GENERAL "
5 That timing for compliance with conditiQns of approval Planning
may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established
' that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of
the use or approved development.
6 That subject property shall be developed substantially in Planning
accordance witli sign plans and specifications submitted to
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i the City of Anaheim by the applicant and which plans are
on file with the Planning Department marked E~chibit Nos. 1
through 3, and as conditioned herein.
7 That approval of this application constitutes approval of Planning
the proposed request only to the extent that it complies
with tlie 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.
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