Resolution-ZA 1988-18•
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-18
PETITION NO.: VARIANCE N0. 3766
CEQA STATUS: CATEGORICAL EXEMPT -
CLASS 3
DATE OF PUBLIC HEARING: April 7, 1988.
OPPOSITION: No one indicated their presence in opposition, and no
correspondence was received in opposition.
OWNERS EMBEE MANAGEMENT INC., 1411 S. Anaheim Blvd., Anaheim, CA 92805
AGENT: PAUL BOSTWICK, 1411 S. Anaheim Blvd., Anaheim, CA 92805
LOCATION: 1411 S. Anaheim Boulevard
REQUEST: Waiver of the following under. authority of Code Section
18.12.060.090 to construct an 8-foot high wrought iron fence:
(A) Sections 18.04.043.101 - Minimum front setbacks and permitted
18.44.063.010 encroachments.
and 18.44.063.020 (5 to 10-foot setback for an 8-foot
high fence required or 3-foot high
fence permitted in setback; 8-foot
high fence ..proposed at front property
line)
(B) Sections 18.04.043.101 -'Maximum Fence Height.
and 18.44.068.021 {3-foot high .fence permitted in front
setbacks; 8-foot high fence proposed)
Having been. appointed Zoning.Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, to decide the above-referenced
,petition and a public hearing having been duly noticed-for and held on the
date. set forth above, I do hereby find:
1. That the waiver is approved for a beige decorative wrought iron fence
with beige wrought iron sliding gates along the entire street frontages.
2. That the waiver is granted on the basis that the proposed fencing is
decorative wrought iron and that the petitioner has agreed to upgrading
the landscaping in the existing planters along the streets.
3. That there are special circumstances applicable.to the property such as
size, shape, topography, location or surroundings, which do not. apply to
other identically-zoned properties in the 'vicinity; and
4. That strict application of .the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL. QUALITY ACT FINDING:. That the Zoning Administrator
has reviewed the proposal to construct an 8-foot high wrought iron fence in
the front setbacks on a rectangularly-shaped parcel of land consisting of
approximately 1.18 acres located at the northwest corner of Anaheim Boulevard
and Midway Drive, having frontages of approximately 300 feet on the west side
Page 2
Variance No. 3766
of Anaheim Boulevard and 146 feet on the north side of Midway Drive and
further described as 1411 S. Anaheim Boulevard; and the Planning Director or
his authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 3, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an environmental impact report.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3766, subject to the following conditions:
1. That the owner of .subject property shall pay to the City of Anaheim a fee
for street lighting along Midway Drive and Anaheim Boulevard in an amount
as determined by the City Council.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
No. l; provided, however, that the decorative: beige wrought iron fencing
shall extend across the entire street frontages and that the existing
chanlink fencing along Midway brive shall be removed and replaced with
beige wrought iron fencing. '
3. That .prior to issuance of a building permit, or within a period of one
year from the date of this-decision, whichever occurs first, Condition
No .' 1, above-mentioned,. shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
4. - That the existing landscaping in the 3-foot wide planters along the
streets shall be upgraded and maintained.
5. That prior to final building and zoning inspections, Condition Nos. 3 and
4, above-mentioned, shall be complied with.
6. 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-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:
7. That the .sliding gates shall be open during regular business hours,
typically from 7 a.m. to 5 pm. Monday through Saturday.
8. That the fenced-in area shall not be used for outdoor storage purposes.
.This... decision is made, signed,.. .and entered into the file this twelfth day of
April, 1988. ,,.
Annika M. Santalahti
Zoning Administrator
2 ZA 88-18
., .~
Page 3
Variance No. 3766
.NOTICE: This decision shall become final unless an appeal to the City
Council, in writing, accompanied by an appeal fee, is filed with the City
Clerk within 15 davs of the date of the signing of this decision or unless a
member of the City Council shall request to review this decision within said
15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury
that on the date set forth below, I did deposit, in the United States Mail, a
copy of the decision to-the applicant and did forward a copy to the City Clerk.
DATED: .~~ ~ ~,~~ ~ L//~-~l i ~,G/~/1~ Bid
y~1--,`--"- -
Pamela H. Starnes, Senior Secretary
00028
3 ZA 88-18