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Resolution-ZA 2005-29~ r DECISION NO. ZA 2005-29 A DECISION OF THE ZONING ADMINISTRATOR GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2005-00281 REQUESTED BY: Randall J. Smith 1621 South Euclid Street Anaheim, CA 92802 OWNER: Rob Perez 19752 Macarthur Boulevard #240 Irvine, CA 92612 LOCATION: 1621 South Euclid Street -property consisting of 4.98 acres having a frontage of 170 feet on the west side of Euclid Street and located 355 feet south of the centerline of Cris Avenue. DATE NOTICES MAILED: November 10, 2005 REQUEST: Waiver of the following to construct a 6-foot high wrought iron fence within the required front setback of an existing plant nursery and telecommunications facility in the T (Transition) zone: Sections 18.14.100.010 - Maximum fence height. 18.14.100.020.0204 (3-foot high fence permitted to encroach into the required 25-foot front 18.46.110.030 landscaped setback along Euclid Street; and 18.62.040.020.0203 6-foot high fence proposed 10 feet from the front property line) DETERMINATION OF THE ZONING ADMINISTRATOR Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment, and subject petition having been duly noticed and no written objections having been received, I do hereby find, pursuant to Section 18.62.040: 1. That the proposal is authorized by paragraph 18.62.040.020.0203 of the Anaheim Municipal Code which permits an administrative adjustment for waiver of maximum permitted fence height in the required front setback of any non-residential zone. 2. That no written opposition was received during the required 10-day notification period which ended on Tuesday, November 22, 2005. 3. That the adjustment is consistent with the purposes and intent of the Zoning Code and that the adjustment will not conflict with the provisions of any applicable codes, other than the Zoning Code, adopted by the City of Anaheim. 4. That approval of the adjustment will not produce a resu-t that is out of character with, or detrimental to, the surrounding neighborhood because (a) the property is located on Euclid Street, which is designated a Primary Arterial Highway by the Anaheim General Plan, (b) the property is located in a Southern California Edison overhead easement, and (c) the adjoining land uses at the front of the property along Euclid Street consist of the plant nursery to the north and the Southern Pacific Railroad easement to the south. Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No. 2005-00281, subject to the following conditions: z~ ~ ZA2005-2$'Adj2005-281.doc - 1 of 2 - ZA 200 • (a) That landscaping plan(s) for the ten (10) foot setback between the approved six (6) foot high wrought iron fence and the front property line along Euclid Street shall be submitted to the Planning Services Division of the Planning Department for review and approval. A copy of the approved plan(s) shall be included in the case file for this administrative adjustment. That the landscaping plan(s) shall clearly show the species/varieties, number, size and location of all the trees, shrubbery and ground cover as required by subsections 18.46.020.010 (Required Landscaping) and 18.46.030.010 (Trees in Front and Street Setback Areas), and Sections 18.46.040 (Shrubbery and Ground Cover) and 18.46.080 (Landscape Plans) of Chapter 18.46 (Landscaping and Screening). The plan(s) shall also show the irrigation facilities that will be installed as required by Section 18.46.070 (Required Landscaping -Irrigation Requirements). 2. That following completion of the fence and installation of the required the landscaping and irrigation facilities, the applicant shall notify the Planning Services Division, in writing, of said completion; and the notice shall then be included in the case file for this administrative adjustment. Said landscaping shall thereafter be properly maintained in compliance with Section 18.46.090 (Required Landscaping - Maintenance). That prior to commencement of the use authorized by this decision (construction of a six (6) foot high wrought iron fence located a minimum of ten (10) feet from the property line along Euclid Street) or within a period of one (1) 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 condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code. 4. That subject property shall be developed substantially in accordance with the 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 (Site Plan) and 2 (Enlarged Partial Site Plan), and the approved landscaping plan(s) specified in Condition No. 1. 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 28th day of November 2005. 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 fifteen (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 twelve (12) days after 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. y ., DATED: November 28, 2005 Pat Chandler, Senior Secretary ZA2005~dj2005-281.doc - 2 of 2 - ZA 2005- _