Resolution-PC 2018-032RESOLUTION NO. PC2018-032
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2018-05104 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00018)
(549-559 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Variance No. 2018-05104 to allow a wrought iron fence
where the Zoning Code would require a decorative masonry wall for at 549-559 South Anaheim
Boulevard in the City of Anaheim (the Property"). The Property is generally depicted on the map
attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Land Use Element of the Anaheim General Plan designates the Property
for "R -LM" Low -Medium Density Residential land uses. The Property is located in the "C -G"
General Commercial Zone, the Residential Opportunity (RO) Overlay zone, and the South
Anaheim Boulevard Corridor (SABC) Overlay Zone. Generally, the development standards and
regulations of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the
Anaheim Municipal Code (the "Code") supersede the regulations of the underlying zone, i.e., that
of the "C -G" General Commercial Zone. However, the provisions of Chapter 18.24 (South
Anaheim Boulevard Corridor (SABC) Overlay Zone) do not apply to parcels that have been, or
are proposed to be, developed entirely under the "C -G" General Commercial Zone, which is the
case with the Property; and
WHEREAS, the Property, consists of approximately 0.79 acres. In October 2017, the
Planning Commission approved a proposal for the Property to be developed with a brewery with
tasting room, outdoor garden with seating area and swimming pool, full service restaurant with
outdoor dining area, and take-out restaurant. The Property is adjacent to residential land uses; and
WHEREAS, the Zoning Code requires an 8 -foot tall, decorative masonry wall when
separating residential land uses from commercial land uses. The applicant requests that the
Planning Commission approve Variance no. 2018-05104 to allow construction an 8 -foot tall
wrought iron fence along the northern property line, adjacent to the residential uses and property
owned by the Boulevard 1 Maintenance Corporation (HOA) (the "Proposed Project"); and
WHEREAS, notice of a public hearing before the Planning Commission at the Civic Center
in the City of Anaheim on May 14, 2018, at 5:00 was duly given as required by law and in
accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider
evidence for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith, however, due to a lack of quorum the public hearing
was continued by the Planning Commission to its May 30, 2018 meeting; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 30, 2018 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 (Procedures) of
the Code, to hear and consider evidence for and against Conditional Use Permit No. 2017-05952,
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 effects of the Proposed Project are typical of those generated within
that class of projects (i.e., Class 1 — Existing Facilities) 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, based upon the letter of request and plans submitted by the applicant to justify
the variance, the Planning Commission does further find and determine that the request for
Variance No. 2018-05104 for wall/fence materials other than required by the Code should be
approved for the following reasons:
SECTION NO. 18.46.110 Screening, fences, walls and hedges.
(Decorative masonry wall required; wrought
iron fence proposed)
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. The adjacent property has residential units with front yard
area adjacent to the interior property line of the project which creates a more aesthetically pleasing
appearance if a wrought iron fence is with landscaping in constructed, rather than a masonry wall
as required by the Zoning Code.
2. That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity. Because of the front residential setback area adjacent to the proposed
fence, and the benefit of preserving the existing mature Brisbane Box trees, requiring a block wall
would not be an appropriate means to separate the commercial use from the residential use.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it; and
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WHEREAS, the Boulevard 1 Maintenance Corporation and the owners of
condominium units immediately adjacent to the proposed wrought iron fence have stated their
preference for a wrought iron fence as contemplated by the Proposed Project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2018-05104, subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference. 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, (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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of May 30, 2018. 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.
t6 .40.1 ;-I,_
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 30, 2018, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
ECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXI-11BIT"A"
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EXHIBIT "B"
VARIANCE NO. 2018-05104
(DEV2018-00018)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The portion of the proposed fence over the existing 20 -foot water
Public Utilities,
easement shall be a demountable fence, and no concrete footings or
Water Engineering
similar structures shall be allowed within the water easement. The
demountable portion of the fence shall be clearly marked on the
design plans which shall be reviewed and approved by Water
Engineering prior to installation.
OPERATIONAL
CONDITIONS
2
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
Water Engineering
public utility easement or City easement area including but not
limited to striping, colored concrete, bricks, pavers, stamped
concrete, walls, fences, decorative hardscape or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for maintenance of all said
special surface improvements shall be included in the recorded
Master CC&R's for the project and the City easement deeds.
3
The following minimum horizontal clearances shall be maintained
Public Utilities,
between existing water mains and proposed facilities:
Water Engineering
• 10 -feet minimum separation from structures, footings, street
lights, power poles, and trees.
4
The Applicant is responsible for paying all charges related to the
Planning and Building
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.
5
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
Division
to attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
6
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Department
and as conditioned herein.
Planning Services
Division
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