Resolution-ZA 2005-06~I
DECISION NO. ZA 2005-06
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A DECISION OF THE ZONING ADMINISTRATOR
GRANTING VARIANCE NO. 2005-04646
OWNER: Thomas S. Waters
7680 East Danielle Circle
Anaheim, CA 92808
LOCATION: 7690 East Danielle Circle. Property consisting of 0.8-acre with a frontage of 210 feet
on the east side of Danielle Circle and located 170 feet north of the centerline of Owens
Drive.
CEQA STATUS: CEQA Categorical Exemption -Class 3
HEARING DATE: March 31, 2005
REQUEST: Waiver of the following to construct a 5-foot high block wall in the required front yard
setback of asingle-family residence in the RH-2(SC) (Single-Family Hillside
Residential -Scenic Corridor Overlay) Zone:
Sections 18.04.100.010.0101 - Maximum fence height.
18.04.100.040 (3-foot high wall permitted in the 25-foot average front setback, with
18.46.110.030 a minimum 15-foot setback being permitted;
and 18.74.040.020.0211 5-foot high stucco wall proposed 2 feet from the front property line
along the Danielle Circle private road easement)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Pianning Director to decide the above-referenced
waiver, and subject petition having been duly noticed and no written objections having been received, I do
hereby find, pursuant to Section 18.74.060 (Findings):
1. That this property was developed under former zoning code regulations which permitted a
minimum 15-foot structural setback along a cul-de-sac; and that the existing house was constructed in
accordance with that standard and, therefore, the front setback for this property was established at 15
feet.
2. That there is a special circumstance applicable to the property consisting of its topography and
the steep un-developable rear yard slope area, which does not apply to other identical zoning
classification in the vicinity; and that the front yard wall height waiver will enhance private outdoor leisure
use of the front yard.
3. That the proposed 5-foot high wall will be constructed such that no lines-of-sight to and from
nearby driveways will be adversely impacted.
4. That three letters supporting the proposal were received from residents in the neighborhood.
Based on the evidence presented to me, I do hereby determine to grant Variance No. 2005-04646,
subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with Engineering Standard Detail No. 115 (Arterial Highway and
Commercial Driveway Approach), Note 3, which pertains to a sight distance area adjoining
driveways that is to be kept clear of any visual obstruction above twenty-four (24) inches in height.
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2. That the property owner shall apply for, and obtain approval of, an Encroachment License from the
Public Works Department to permit the proposed five (5) foot high stucco wall to encroach into an
existing five (5) foot wide easement adjacent to the Danielle Circle right-of-way.
3. That final landscaping plans shall be submitted to the Development Services Division of the
Planning Department for review and approval. Said plans shall illustrate and identify shrubs, trees
and/or vines which, when grown, will provide screening along the proposed five (5) foot high stucco
wall. Any decision made by staff regarding said final landscaping plan may be appealed to the
Zoning Administrator as a "Reports and Recommendations" item.
4. That a permit shall be obtained from the Building Division for construction of the proposed five (5)
foot high stucco and block wall.
5. 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 plan is on file with the
Planning Department marked Exhibit No. 1, and as conditioned herein.
6. That prior to issuance of a permit by the Building Division for the five (5) foot high stucco wall or
within a period of six (6) months from the date of this decision, whichever occurs first, Condition
Nos. 1, 2 and 3, above-mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.60.170 (Extension of Time to
Comply with Conditions of Approval) of the Anaheim Municipal Code.
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 7th day of April 2005.
Z, ~ ~y~
A ika 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 from the date of the signing of this decision or
unless members of the City Council shall request to review this decision within 12 days from the date of
the signing.
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 State Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
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DATED: April 7, 2005
Pat Chandler, Senior Secretary
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