Resolution-PC 2014-035RESOLUTION NO. PC2014 -035
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2014 -04959
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00004)
(1225 NORTH EAST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition to approve Variance No. 2014 -04959
to construct a seven -foot high wrought iron fence and gates exceeding the permitted height
within the required front yard setback of an existing self - storage facility (the "Proposed Project ")
for that real property located at 1225 North East Street in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 1.1 acres, is developed with a
67,428 square foot self - storage building. The Property is located in and subject to the
regulations and development standards of the Industrial (1) Zone. The Anaheim General Plan
designates the Property for Medium Density Residential land uses; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 19, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code (the "Code ") to hear and consider evidence for and against proposed
Variance No. 2014 -04959 and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and /or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission, 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 pertaining to the request for a variance to construct a 7 -foot high wrought iron fence
and gates exceeding the permitted height within the required front setback, does find and
determine the following facts:
SECTION NO. 18.46.110.030 Permitted Fences and Walls.
(3 -foot maximum height permitted;
7 feet proposed)
- I - PC2014 -035
I . That the strict application of the Code would deprive the subject property of
privileges enjoyed by other properties in the vicinity because the property has unique site
constraints, due to the size and orientation of the building, that precludes the landscape area from
being increased to meet current Code requirements while maintaining required parking and
vehicular circulation areas. Therefore, the proposed 7 -foot high wrought iron fence cannot be
placed outside of the required front setback without impacting the existing parking lot.
2. That there are special circumstances applicable to the Property pertaining to its
topography and location, which do not apply to identical zoned properties in the vicinity because
of the lot configurattion. The lot is narrow in depth and cannot provide the current Code -
required 20 -foot setback; a 10 -foot setback is provided. Because this Property is a corner lot, the
Property also has two means of vehicular access, which by location subjects the Property to
vandalism. The condition of the Property has become an attractive nuisance. By location, the
Property lends itself to recreational activities unintended for this facilty and further creates
opportunity for repeated vandalism. The Anaheim Police Department has found that the Property
is in need of enhanced security measures beyond those already established at the Property in
order to provide additional protection for the building and business vehicles located thereon.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2014- 04959, contingent upon and subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein by this reference, which are
hereby found to be a necessary prerequisite to the proposed use of the Property in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be
amended by the Planning 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 Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission 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 approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
-2- PC2014 -035
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 19, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60
( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY T"ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 19` day of May, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3 - PC2014 -035
EXHIBIT "A"
1 01 OLWN • 1 . 1111
APN: 267
E KENWOOD AVE i—
va
w
211'
Z E KENWOOD AVE
r..
EO r-
o
cv �
235'
E ROMNEYA DR
vs
aC
z
z
Source: Recorded Tract Maps and./or City GI&
Falk
Please note the accuracy is +I_ two to five feet-
-4- PC2014 -035
EXHIBIT "B"
VARIANCE NO. 2014-04959
(DEV2014- 00004)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The premises shall be equipped with a comprehensive security
Police Department
alarm system (silent or audible) for the following coverage areas:
perimeter building and access route protection and high valued
storage areas within 120 days of this permit. A
Burglary /Robbery Alarm Permit application must be completed,
Form APD 516, and return it to the Police Department prior to
initial alarm activation within 120 days of this permit. This form
is available at the Police Department front counter, or it can be
downloaded from the following web site:
http: / /www.anaheim.net /article.asp ?id =678
2
Ongoing during project operation, upon the daily opening of the
Planning
facility, the gate at the Kenwood Avenue driveway shall be
Department, Code
opened first, followed by the gate facing East Street. Upon the
Enforcement
daily closing of the facility, the gate at the Kenwood Avenue
driveway shall be closed after the gate facing East Street is
closed. The employee opening the gate shall stage their vehicle
on Kenwood Avenue in order to operate the Kenwood Avenue
gate, but shall have their vehicle on -site to operate the gate facing
East Street.
3
Any graffiti painted or marked upon the premises or on any
Planning
adjacent area under the control of the Property owner shall be
Department, Code
removed or painted over within 24 hours of being applied.
Enforcement
4
No required parking area shall be fenced or otherwise enclosed
Planning
for purposes of outdoor storage.
Department, Code
Enforcement
GENERAL CONDITIONS
5
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnities ") from
Planning Services
any and all claims, actions or proceedings brought against
Division
Indemnities to attack, review, set aside, void, or annul the
decision of the Indemnities concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
- 5 - PC2014 -035
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
indemnification is intended to include, but not be limited to,
damages, fees and /or costs awarded against or incurred by
Indemnities and costs of suit, claim or litigation, including
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnities in connection with such
proceeding.
6
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
7
The premises shall be developed substantially in accordance with
Planning
the plan and specifications submitted to and reviewed and
Department,
approved by the City of Anaheim, which plan is on file with the
Planning Services
Planning Department marked as Exhibit No. 1 (Site Plan).
Division
-6- PC2014 -035