Resolution-ZA 2009-7RESOLUTIONNO. ZA2009-7
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND DENYING VARIANCE NO. 2009-04782
(1895 WEST KATELLA AVENUE)
WIIEREAS, the Anaheim Zoning Administratar did receive a verified Petition for
Vaziance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit A, attached hereto and inwrporated herein by this reference; and
WHEREAS, the petitioner requests waiver of maximum fence heig.hf requirements to
retain an existing to retain an eight to nine-foot high wrought iron fence that exceeds the maximum
permitted fence height; and
WHEREAS, the Zoning Administrator did hold a public heazing at the Civic Center
in the City of Anaheim on August 20, 2009, at 9:30 a.m., notice of said public heazing having been
duly given as required by law and in accordance with the provisions of the Anaheun 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 heazing, does find and determine the following facts:
That the applicant requests waiver of the following to retain an existing:
SECTION NO. 18.62.040A20.0203 Maximum nermitted fence heieht (3 feet
permitted in the front yazd setback; 8 to 9 feet
proposed)
2. That the xequested waiver is hereby denied because there aze no special
circumstances applicable to the property, including size, topography, location or surroundings,
which do not apply to other properiy under identical zoning classification in the viciniTy to justify
the fence l~eight waiver request a fence could be conshucted in compliance with development
standazds without the need for a variance.
3. That no one indicated their presence at the public heazing in opposition; and that no
conespondence was received in opposition to the subject request.
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, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby deny Vaziance No. 2009-04782.
-1- ZA2009-7
BE IT FURTHER RESOLVED 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 regazding any other applicable
ordinance, regulation or requirement.
BE IT FURTHER ~ESOLVED 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 August 20, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Procedures" of the Anaheim Municipal Code pertaizung to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
ATTEST:
ANAHEIM ZONING ADMINISTRATOR
~r~-.~-- ~~-~-._.
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 August 20, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand tYus 20~' day of August, 2009.
.~~~,-.-v-,-- /72u~--,
SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-2- ZA2009-7
EXHIBIT "A"
VARIANCE NO. 2009-04782
APN: 12856140
TAMARA LN
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~ Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is+/- two to five feet.
10746
-3- ZA2009-7
TAMARA LN
City of Anaheim
I~LA1VNIlVG I3EI'ART'~/IEIV'T
www.anahelm.net
August 25, 2009
Rober Nigogosyan Trust
8235 Zitola Terrace
Playa Del Rey, CA 90293-7833
SUBJECT: VARIANCE NO. 2009-04782 / ZA2009-7
Your proposed project at 1895 West Katella Avenue was denied 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.
Please contact Della Herrick, (714) 765-4933, DHerrick(c~anaheim.net if you have
any questions. Please make sure to keep these documents in a secure place. In the
event the property is sold, please provide the attached resolution to the
new/prospective property owner.
Thank you for choosing Anaheim for your project. Please 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.
Sinceral ,
C
cJ s~p, cP
Pl ing Services Manager
Enclosures
c: Dave Tanizaki, 601 East Glenoaks Boulevard, Suite 201, Gleodale, CA 91207
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, Calitornia 92803
TEL (714)765-5139