Resolution-ZA 2003-32i •
DECISION NO. ZA 2003-32
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04571
OWNER: Edel Nava
921 Helena Circle
Costa Mesa, CA 92626
LOCATION: 924 South Cambridge Street
CEQA STATUS: Categorically Exempt, Class 1
HEARING DATE: August 21, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Waiver of the following to permit and retain an existing 5-foot high wrought iron fence
and gate within the required front yard setback of an apartment complex in the RM-
1200 (Residential, Multiple-Family) Zone:
Sections 18.04.043.101(x) - Maximum fence height.
18.12.060.090 (3-foot high fence permitted in the required
18.34.063.010.012 15-foot front yard setback;
and 18.34.064.070 5-foot high fence existing and proposed along
Cambridge Street)
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 strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because, as described in paragraphs (12)
and (13) of the Staff Report to the Zoning Administrator dated August 21, 2003, the majority of the
properties in the vicinity have fencing that is similar in type and height to the wrought iron fence which is
proposed to be retained.
2. That nearby residences will not be adversely impacted by approval of this fence height
waiver because the fencing is compatible with other properties in the neighborhood.
3. That there are special circumstances applicable to this property consisting of its location
and surroundings because, as discussed in paragraphs (13), (14) and (16) of the Staff Report, without a
fence this property was particularly vulnerable to graffiti and vandalism including damage to water control
valves, broken windows and trash.
4. That because of the adverse circumstances in the area pertaining to graffiti and vandalism,
a fence which is higher than permitted by Code is necessary and appropriate to ensure the safety of the
residents and to protect the property.
Based on the evidence and testimony presented to me, l do hereby determine to approve Variance No.
2003-04571, subject to the following conditions:
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That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1; and that, if required by the Building Division, the
appropriate permit shall be obtained for the wrought iron fence.
2. That within two (2) months from the date of this Decision, Condition No. 1, above-mentioned, shall be
complied with. Extensions for further time to complete this condition may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
3. 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, 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.
This Decision is made, signed, and entered into the file this 28th day of August 2003.
Annika M. Santalahti, Zoning Administrator
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 days of the date of the signing of this decision or
unless members 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.
,~ ,.. ~
DATE: August 28, 2003
anielle C. M iel, ord Proc ssing Operator
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