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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 8, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00079 LOCATION: 1401 West Ball Road and 865 – 955 South Walnut Street APPLICANT/PROPERTY OWNER: The agent is Diego Lastres representing the applicant and owner, Front Porch Communities and Services. REQUEST: The applicant requests approval of a variance to install a fence and pilasters with a height greater than permitted by the Zoning Code within the required street setback. RECOMMENDATION: Staff recommends that the Planning Commission determine that a Class 3 – New Construction or Conversion of Small Structures Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15303 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 150 00- 15387) is the appropriate environmental documentation for this request; and adopt the attached resolution approving Development Application No. 2022-00079. BACKGROUND: The subject property is 7.77-acres and is developed with several one, two, and three-story buildings used as residential independent senior living, memory care, and skilled nursing facilities. The project site provides surface parking and a 208-space underground parking structure. The project site is in the “RM-4” Multiple-Family Residential Zone and is designated for Medium Density Residential land uses in the General Plan. The surrounding uses include single-family residences to the north, east across Walnut Street, and south across Ball Road, and apartments to the west. In 2004 the Planning Commission approved Conditional Use Permit No. 2004-04917 to establish a 151-unit senior citizens retirement community including independent living, assisted living, and memory care units in conjunction with an existing 99-bed skilled nursing facility. In 2021, the Planning Commission approved an amendment to Conditional Use Permit No. 2004-04917B to permit a remodel of the property and development of a 30-bed, 13,900-square foot memory care facility and six independent senior living units. PROPOSAL: The applicant requests a variance to install a fence and pilasters of a height greater than permitted by the Zoning Code within the required street setback. The proposed fence would be six-feet high with seven-foot-high pilasters and is designed in a similar fashion to the existing fence on the remainder of the property that was approved in 2004. The proposed fencing panels between the pilasters would be constructed of Development Application No. 2022-00079 May 8, 2023 Page 2 of 4 wrought iron. The pilasters would be of a plaster finish with a pre-cast concrete cap to match the existing fence found on the remainder of the property. FENCE DESIGN The original conditional use permit included a variance that permitted a similar fence design within the required street setback along the entire perimeter of Walnut Street and a portion of Ball Road. The existing fence along Ball Road wraps the southeast corner and ends at the driveway vehicle entrance near the middle of the property. The proposed fence would continue from this location along the Ball Road street frontage. The proposed fence would connect to existing fencing along the western edge of the property such that the project site is fully enclosed. PROPOSED FENCE LOCATION Development Application No. 2022-00079 May 8, 2023 Page 3 of 4 The fence along Ball Road would be placed four feet from the property line to provide a four-foot landscape area on both sides of the fence. Ground cover and shrubs are proposed on both sides of the fence to match the existing fencing and landscaping on the rest of the property. A portion of the proposed fence would be set back eight feet from the property line. This section of the fence would be located adjacent to the parking area which is located between the memory care building and the vehicle entry at the center of the property. FINDINGS AND ANALYSIS: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 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; and 2) That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The street setback on Ball Road is 20 feet. The buildings are located 15 feet from the property line, and the parking lot is located eight feet from the property line. A variance was granted in 2004 with the original approval to allow these encroachments into the street setback. The building along Ball Road is designed with two points of access to accessible ramps to the public right-of- way. The landings at the end of the ramps are approximately eight feet from the property line. The fence proposed in front of the building is located four feet from the property line and proposed eight feet from the property line in front of the parking lot. Installation of a fence outside of the street setback would place the fence behind the building wall and within the parking lot. The applicant has proposed the fence in front of the access ramps to allow for internal pedestrian access within the property. The fencing in front of the parking lot is proposed with eight feet of landscaping and designed to be outside of the vehicle line of sight required at the driveway. The proposed fencing is consistent with the variance approved with the original permit allowing fencing within the street setback. In recent years, the Anaheim Police Department has recorded eight incidents of trespassing, burglary, and vandalism of the property. The security-related incidents endanger the health and safety of the approximately 185 senior citizens that live within the senior care facility and the approximately 110 employees. The facility enforces security measures with on-site patrol and security guards, however, completing the fencing around the property would limit access to the property and provide additional needed security. The applicant’s letter of justification also indicated that the proposed fencing would provide a secure and controlled environment for the residents of the memory care facility and prevent residents from exiting into the right-of-way. Environmental Impact Analysis: The Project qualifies for a Class 3 – New Construction or Conversion of Small Structures Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15303 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387). Class 3 consists of the construction and location of a limited number of new, small structures or facilities. These small structures include garages, carports, Development Application No. 2022-00079 May 8, 2023 Page 4 of 4 patios, swimming pools, and fences. The proposed project is for a fence and pilasters with a height greater than permitted by the Zoning Code within the required street setback Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations, and as further described in this staff report, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the request to permit a fence and pilasters with a height greater than permitted by the Zoning Code is appropriate because the proposed fence is consistent with the variance approved with the original permit allowing a fence within the street setback. Additionally, the fence would provide additional security for the senior living facility as the facility has experienced incidents of trespassing, burglary, and vandalism. Staff supports the variance request and recommends approval of the project. Prepared by, Submitted by, Ivan Orozco Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Draft Variance Resolution 2. Project Variance Justification 3. Project Plans 4. Aerial and Vicinity Maps 5. Public Comment