Resolution-ZA 2008-20RESOLUTION NO. ZA2008-20
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
DENYING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND DENYING VARIANCE NO. 2008-04759
(181 COB&LESTONE LANE)
WI-IEREAS, 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
Califomia shown on &~chibit A, attached hereto and incorporated herein by this reference; and
WI-IEREAS, the petitioner requests waiver of maximum fence height to permit and
retain an 8-foot high fence and 10-foot high gate within the required front yazd setback where a 3-
foot high fence is permitted; and
WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center
in the City of Anaheim on December 11, 2008, at 930 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 heaz and consider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection
therewith, and that this item was continued from the November 13, 2008 hearing; and
WIIEREAS, 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 determine the followang facts:
1. That the applicant requests waiver of the following to permit and retain an existing 8
to 10-foot high fence and gate within the required front yard setback:
(a) SECTION NO. 18.46.110.030
Maximum height of a fence in the front
setback (3 feet permitted; up to 10 feet
proposed)
(b) SECTION NO. 18.42.030.040.0402
Permitted front yazd parking (Withdrawn)
2. That the requested waiver (a) is hereby denied because there are no special
circumstances applicable to the property, including size, shape, topography, location or
sunoundings, which do not apply to other property under identical zoning classification in the
vicinity to justify the fence height waiver request. Furthermore, the subject property has an
adequate lot size and depth to accommodate a fence in excess of 3 feet high located outside of the
required front yazd setback. "
3. That two people indicated their presence at said public hearing in support and 18
conespondences were received in support to the subject petition; and five people indicated their
presence in opposition and 18 conespondences were received in opposition to the subject petition.
-1- ZA2008-20
WHEREAS, 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 deny Variance No. 2008-04759.
BE IT FURTHSR 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 December 11, 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.
4-l/ -
ANAHEIM ZONING ADMINISTRATOR
ATTEST:
. ~X~.-.--.,.-- ~'~""~
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFOItNIA )
COUNTX OF ORANGE ) ss.
CITY OF ANAIIEIM )
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 December 11, 2008.
IN WITNESS WE-IEREOF, I have hereunto set my hand this 11~' day of December,
2008.
~~t~v"°"°`-- ~~-`F"
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-?- ZA2008-20
EXHIBIT "A"
VARIANCE NO. 2008-04759
-3- ZA2008-20
n sn mo Source:RecordedTtactMapsandlorCltyG15.
~~i ~~ Please note ihe aauracy is t/- Rvo to five feet.