Resolution-ZA 2007-13
RESOLUTION NO. ZA2007-13
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE N0.2007-04738 BE GRANTED
(134 SOUTH MAGNOLIA AVENUE)
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 1 OF TRACT NO. 8892 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
363 PAGES 34 AND 35 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on December 6, 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 six foot high block
wall with wrought iron panels and two pedestrian gates within the required front setback.
(a) SECTION NO. 18.46.110.030
Maximum fence height.
(3 feet permitted; 6-foot high block wall
with wrought iron panels proposed
within the front yard setback)
2. That special circumstances apply to the subject property because private yards for six
condominium units currently exist within the front setback area, and if a 6-foot high privacy wall
were to be constructed in compliance with the front yard setback requirements, then the private
yards for these six units would be eliminated. The proposed 6-foot high wall would provide
adequate security and privacy for the subject condominium complex.
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 private yards within the front setback area.
VAR2007-04738.doc -1- ZA2007-13
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4. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
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 submitted for building permits shall indicate a minimum 18-inch wide planter
area between the public right-of--way and proposed wall, with the exception of the planter
adjacent to the private patios, in which case a 6-inch wide planter would be permitted.
Landscaping plans indicating clinging vines and shrubs along the proposed wall shall be
submitted and reviewed by the Planning Department prior to issuance of a building permit.
2. That the proposed block wall shall be constructed with decorative brick or stone materials.
Plans submitted for building permits shall indicate said decorative materials. Said plans
shall be reviewed by the Planning Department prior to issuance of a building permit.
3. That in the event the existing vehicular gate at the south end of the property were to be
demolished and replaced with a new gate, said gate shall conform to Engineering Standard
Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager and Planning Department.
4. That plans shall be submitted to the City Traffic and Transportation Manager for his review
and approval in conformance with City standards pertaining to sight distance visibility for
the wall/fence location.
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 plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2, as conditioned herein.
6. 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 may be granted in
accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code.
7. 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
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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 project, 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 December 6, 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 may be replaced
by a City Council Resolution in the event of an appeal.
ANAHEIM ZONING ADMINISTRATOR
ATTEST:
i?.v-v~.~-~
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 December 6, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand this __L2_ day of
De c e ~, tr , 2007.
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SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
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