Resolution-ZA 2007-10
RESOLUTION NO. ZA2007-10
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A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04734 BE GRANTED
(4840 EAST COPA DE ORO DRIVE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCEL 1:
LOT 13 OF TRACT NO. 12576, IN THE CITY OF ANAHEIM, AS SHOWN
ON A MAP RECORDED IN BOOK 573, PAGES 10 THROUGH 16, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH SHOWN
BELOW, BUT WITH NO RIGHT OF SURFACE ENTRY OR THE
SUBSURFACE OF SAID LAND ABOVE A DEPTH SHOWN BELOW, AS
PROVIDED IN DEEDS OF RECORD.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
COPA DE ORO DRIVE, AS SHOWN AND DESCRIBED ON THE MAP OF
SAID TRACT 12576; EXCEPT ANY PORTION LYING WITHIN PARCEL 1
ABOVE.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on September 13, 2007 at 9:30 a.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the petitioner requests waiver of the following to construct a five foot high block
wall with wrought iron panels and a six foot, eight inch high vehicular access gate within the front
yard setback:
VAR2007-04734.doc -1- ZA2007-10
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(a) SECTION NO. 18.04.150.010
(b) SECTION NO. 18.46.110.030
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Permitted location of trash storage area.
(Withdrawn)
Maximum fence height.
(3 feet permitted; 5-foot high fence and
6-foot, 8-inch high driveway gate
proposed within the front yard setback)
2. That special circumstances apply to the subject property because of the steep slope
within the front setback. Due to the steep topography, a Code compliant fence would be out of
proportion with the house and property.
3. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties with identical zoning in the vicinity since most properties in the
neighborhood do not have a steep slope in the front yard.
4. That no one indicated their presence at said public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning
Director's authorized representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby grant subject Petition for Variance, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
That plans for building permits shall indicate a minimum 3-foot wide planter area between
the public right-of--way and wall. The planter shall include plants that would adequately
screen the solid portion of the fence.
2. That the proposed trash can storage area shall be planted with mature landscaping such that
all trash barrels are effectively screened from public view at the time of planting.
3. 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, as conditioned herein.
4. That prior to issuance of a building permit, or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition Nos. 1 and 2, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions maybe granted in
accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code.
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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.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this prof ect, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting
of September 13, 2007. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe
replaced by a City Council Resolution in the event of an appeal.
ATTEST:
~~NAHEIM ZONING ADMINISTRATOR
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morns, Senior Secretary of the Anaheim Zoning Administrator, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning
Administrator held on September 13, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand this .~ ~ ~ ~ day of
-~e --, 2007.
3R. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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