Attachment 2 - Project Variance Justification-Page 1-
JUSTIFICATION FOR
VARIANCE
PLANNING DEPARTMENT PLANNING SERVICES DIVISION
Revised 10/2009
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance
may be granted by the Planning Commission, the following shall be shown:
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.
In order to determine if special circumstances exist, and to assist the Planning Commission
to arrive at a decision, please provide a letter of justification to answer each of the following
questions regarding the property for which a variance is sought, as fully and completely as
possible. The letter should list each code section for which a variance is required including
a brief description of the requirement. Justification must be provided for each separate
variance request.
Letter of Justification
Front Porch Communities and Services Walnut Village Retirement community is requesting
a variance to allow for the construction of a 6’ fence with 7' pilasters on the Front
Yard setback of the property located at 1401 W Ball Rd .
Code section 18.46.110 SCREENING, FENCES, WALLS AND HEDGES. Only allows
fences on the front yard setback to be built at a 3’ height and the raise in vandalism and
increased insecurity near our “location and surroundings” requires that a 6’ fence wit
7' pilasters be installed in the front yard as described in our attached drawings to ensure
the safety and wellbeing of our senior residents. Below are our answers to the
planning department questions regarding our variance.
1.Identify any special physical characteristics of the property such as shape,
topography, location or surroundings that cause the requested development to
not meet zoning codes:
The location of the property has repeatedly been burglarized and vandalized and
proven to be an insecure neighborhood. Below is a list of the multiple incidents
recorded in the past year that make our security concerns evident.
1.On 6/6/21, there was a break-in in the Care Center in the alley going into the
Memory Care Unit. Equipment was stolen from the care center and the
perpetrators also entered the main building and stole maintenance tools.
Security footage was given to the Anaheim Police Department., The detective
was Rebecca Lawrence.
ATTACHMENT NO. 2
CITY OF ANAHEIM JUSTIFICATION FOR A VARIANCE OR CODE WAIVER
Page 2 of 3
2. February 2021: An individual broke into the care center (in the reception
area) and then fled. Unsure if anything was taken. Police were not called for
this incident.
3. 10/30/22: At 1:29 am, window broken with hammer and attempted to break
in, but onsite security heard and the perpetrator(s) were not found during
search by Security and Anaheim Police (M. Ramos, badge #887 and M.
Moyao, Badge #870).
4. 5/15/22: Break-in into the Care Center. Staff searched and found intruder in
hiding in a commercial dryer. Police called, but did not respond d ue to no
available units. Police told community to let the intruder go; ED protested due
to not knowing if intruder had a weapon, but Police unable to assist.
5. In May of 2021, an intruder climbed the fence and was seen attempting to get
into the care center by the back laundry door. Staff scared him off, and police
not called
6. In July of 2022, a male and female trespassed on the property and vandalized
the restroom in the Performing Arts Center.
7. In April of 2022, 3 intruders climbed the fence an d gained entry into a
peripheral door; were seen casing the 3rd floor of the building and chased out
by security.
8. November 10, 2022: Anaheim PD responded to two suspects fleeing a high
speed car chase and subsequent crash at the intersection of Ball a nd Walnut;
suspects were found hiding on the property. Community had to go into
lockdown for approximately 20 minutes while suspects were being sought.
2. Do other properties in the vicinity have the same type of physical characteristics
as this property? If so, please identify a few of them.
Please see file attached of multiple properties (apartment buildings,
businesses, schools) with similar physical characteristics and 6’ fences at
the sidewalk line (not set back)
3. Identify any other neighboring properties that have the same type of
improvement that you are requesting.
Please see file attached of multiple properties (apartment buildings,
businesses, schools) with similar physical characteristics and 6’ fences at
the sidewalk line (not set back)
4. Identify the cause of the special characteristics of the site that limits the ability to
comply with code requirements (e.g., natural slope of the land, placement of
other structures).
Multiple security-related issues that endanger the health and safety of the
approximately 185 senior citizens who live here, and the approximately
110 staff who work here.
CITY OF ANAHEIM JUSTIFICATION FOR A VARIANCE OR CODE WAIVER
Page 3 of 3
Additionally, the facility also has a secured, memory care unit for residents
with dementias who require a controlled and secured environment to
prevent them from wandering or exiting into the public way. Additional
outdoor safeguards are required by Licensing in order to provide greater
safety for this vulnerable population (please see Title 22, Reg 87705 (h)):
(h) Outdoor facility space used for resident recreation and
leisure shall be completely enclosed by a fence with self-closing
latches and gates, or walls, to protect the safety of residents.
See the Parking Variance handout for variances relating to parking spaces.
Not applicable to our fence variance request
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957 S Hampstead
Property Info
Welcome
CIHr Selection
Parcel Number
03607101
Parcel Size
0.15 ,cres
Zoning
BSc2 SlnnJe:FnmilYBNWmSinl (1�
Gener,111 Plan
Rcstdtotbl·low
land Use Permits (1) lids
Historical Permit
Building Permits (7) �
Bl P200Z-9JS02 Blod:wall: Renew upfred bid �rmiti; 259S1 & 26174: add {10) 54• high pilasters, (4) 6' high pi1Hters, and 45 Unur fut of 6' high blodcwall per city standards
IUD200Z -0tZl7 Patio Cover: 150 sq. ft. patio cover ICBO = 2228-P
DI-PZOI l·®ll6 Photovoltaic System: Install residential system.
QIP2011-00506 fl«trical to upgrade pant'I to 200 amp servke.
!U.02011·01678 Block wall: constnxt 32 linear ft. of up 6' high bk>dc wall per city specifiutions.
fllPJOlJ::93?12 Residential Addition: Construct new 444 sq. ft. game room with two (2} bathrooms and 139 sq. h. solid patio
E
Parcel Number· 03607101
941