Resolution-ZA 2009-6RESOLUTION NO. ZA2009-6
A RESOLUTIpN OF THE ANAHEIM CITY ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION AND
ADMINISTRATIVE ADNSTMENT NO. 2009-00319
(217 NORTH LEMON STREET)
WHEREAS, the Anaheim City Zoning Administrator did receive a verified Petition
for Administrative Adjustment for certain real property situated in the City of Anaheim, County of
Orange, State of Califomia shown on E~ibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the petitioner proposes to construct a 7 foot high fence within the street
setback area where a maximum 3 foot high fence is permitted by Code; and
WHEREAS, the Anaheim City Zoning Administrator did hold a public hearing at the
Civic Center in the City of Anaheim on August 20, 2009 at 930 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 heaz 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 applicant requests an administrative adjustment from the following in order
to construct an a 7 foot high wrought iron fence:
(a) SECTION NO. 18.46.110.030 Permitted Fences and Walls Within
Required Street or Front Setbacks.
(3 feet maximum height permitted, 7 feet
maximum height proposed)
2. That the above-referenced administrative adjustment has been duly noticed.
3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim
Municipal Cade, that the request is hereby granted in accordance with Subsection
1$.62.040.020.0203 of the Anaheim Municipal Code which allows a deviation from the maximum
height requirements for fences, walls, hedges and berms in any required structural setback or yard in
any non-residential zone that is adjacent to a residential zone to be considered as an administrative
adjustment.
4. That no written opposition was received during the required 10-day notification period
which ended on August 15, 2009.
-1- ZA2009-6
WHEREAS, 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 prepaze additional environmental documentation.
NOW, THEREPORE, BE IT RESOLVED that the Anak~eim City Zoning
Administrator does hereby grant subject petition for Adminisfrative Adjustment.
BE IT FURTHER RESOLVED that the 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 regazding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible far paying all chazges
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 occuxs first.
Failure to pay all chazges 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 Anaheim City Zoning
Administrator meeting of August 20, 2009. 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,
ATTEST:
~
AHEIM ZONING ADMINISTRATOR
_i~'~'r..~~s / ' ~-~.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Zoning Administrator, do hereby certify
that tt~e foregoing resolution was passed and adopted at a meeting of the City of Anaheim Zoning
Administrator held on August 20, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of August, 2009.
~1' ' ~~--- /~L-~s
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-2- ZA2009-6
EXHIBIT ~~A~~
ADMIIVISTRATIVE ADJUSTMENT NO. 2U09-00319
APN: 255-06410
W ~YP~_/~
o~'
-3- ZA2009-6
n m mu Source: Recorded Tract Maps end/or City GIS.
~~ rrri Please note the accurary Is+/-two to five feet.
EXHIBIT "B"
RECOMMENDED CONDITIONS OF APPROVAL
ADMINISTRATIVE ADNSTMENT NO. 2009-00319
No. Conditions of Approval
Responsible for '
Monitorin
PRIOR TO FINAL ZONING INSPECTION
1 Minimum 15-gallon size shrubs shall be planted and Planning
necessazy irrigation installed at the base of the fence to
create a continuous 3-foot high screen hedge at maturity
along the entire perimeter of the pazking lot.
GENERAL-
2 Timing for compliance with conditions of approval may Planning
be amended by the Plamiing Director upon a showing of
good cause provided (i) equivalent timing is established
that satisfies the original intent and purpose of the
condition(s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of
the use or approved development.
3 The subject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anaheun by
the applicant and which plans aze on file with the Planning
Departrnent mazked Exhibit Nos. lthrough 3, and as
' conditioned herein.
-4- ZA2009-6
City of Anaheim
PLAIVMNG DEPAItTNIEN'T
wwv+.anaheim.nel
August 25, 2009
Pacific Telephone Company, dba AT&T
Attn: Mitch Porras
7701 Artesia Boulevazd, Room 100
Buena Park, CA 90621
SUBJECT: ADMINTSTRATIVE ADNSTIVIENT NO. 2009-00319 / ZA2009-6
Congratulations! Your proposed project at 217 North Lemon Street was approved by
the Zoning Administrator on August 20, 2009. Enclosed is a copy of the Zoning
Administrator's decision. Please keep in mind that this decision will not be final
until the fifteen (15) day appeal period expires. If an appeal is made or if the City
Council decides to hold an additional public hearing, your project planner will notify
you immediately and provide you the date of the public hearing.
The action of the Zoning Administrator is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to your
project. The City department responsible for monitoring this condition is listed in
the last column (i.e. Planning, Public Works or Police). Please contact Ted White,
(714) 765-4949, TWhite n anaheim.net, to discuss the next step for moving your
project forward. I have also attached a process flow chart so you know what
remaining steps are necessary to complete your project.
Please make sure to keep these documents in a secure place. In the event the
property is sold, provide the attached resolution to the new/prospective property
owner.
Thank you for choosing Anaheim for your project. Make sure to complete and return
the enclosed survey regarding our process. If there is any way we can improve our
service, please let us know.
Sincerel ,
~
CJ strup, CP
Pla ing Services Manager
Enclosures
c. Marilyn Warren, Blu Croix LTD, 3961 Blackbird Way, Calabasas, CA 91302
200 South Anaheim Bavlevard
P.O. Box 3222
Anaheim, California 92803
TEL (714)765-5139