Resolution-ZA 2005-21
DECISION NO. ZA 2005-21
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2005-04663
OWNER: Palmcrest Pacifica, Inc.
861 S. Harbor Boulevard
Anaheim, CA 92805
Attn: German Martinez
LOCATION: 861 South Harbor Boulevard: Property consisting of 1.12 acres located on the west side
of Harbor Boulevard approximately 165 feet north of the centerline of Hampshire Avenue
(Harbor Villa Care Center).
CEQA STATUS: CEQA Categorical Exemption -Class 1
PUBLIC HEARING DATE: October 13, 2005
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 10-foot high wrought iron fence
and gates adjacent to and separating a public alley from an existing skilled nursing
facility in the O-L (Low Intensity Office) Zone:
Sections 18.46.110.030 - Maximum fence height.
and 18.74.040.020.0211 (8-foot height permitted adjacent to a public alley;
10 feet proposed)
Having been appointed Zoning Administrator by the Planning 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 subject property consists of a 1.12-acre parcel between Harbor Boulevard on the east
and a public alley at the east end of, and perpendicular to, Bellevue Drive on the west; that the property is
developed with a skilled nursing facility (Harbor Villa Care Center); and that the zoning is O-L (Low
Intensity Office).
2. That the land use to the west along Bellevue Drive and the public alley is apartments in the
RM-4 (Multiple-Family Residential) Zone.
3. That because of criminal activities (such as graffiti, trespassing and vandalism) occurring in
the area after business hours; the petitioner proposes to retain the 10-foot high wrought iron fencing and
gates adjacent to the public alley to provide better security for the existing nursing facility and to maintain
the safety of its geriatric residents.
4. That there are special circumstances applicable to the property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity; that the skilled nursing
facility buildings are located in close proximity to the alley (no setback); that staff inspection of the property
and adjacent properties found that the existing 10-foot high fencing and gates are similar to existing
fencing on adjacent properties to the north and south; and that the proposed fencing and gates will
provide better security against criminal activities in the area.
5. That due to the close proximity of the public alley to the nursing facility buildings and the
existing 10-foot high fencing on adjacent properties, strict application of the Zoning Code would deprive
the property of privileges enjoyed by other properties under identical zoning classification in the vicinity.
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•
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2005-04663, subject to the following conditions:
1. 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 Nos. 1 and 2.
2. That the applicant shall obtain the appropriate permit(s) from the Building Division of the Planning
Department for the ten (10) foot high gates and fencing along the public alley.
3. That the applicant shall submit a letter to the Planning Department requesting termination of Variance
No. 1605 (for waivers of a one-story height limitation and required side yard setbacks to construct a
35-unit apartment building with carports on subject property).
4. That Condition Nos. 2 and 3, above-mentioned, shall be complied with within a within a period of six
(6) months from the date of this Decision. 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.
5. 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 18th day of October 2005.
(~-GC., G~~ .
Annika M. Santalahti, Zoning dministrator
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 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 States Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: October 18, 2005
Pat Chandler, Senior Secretary
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