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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 22, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2022-00067 LOCATION: 525 North Muller Street APPLICANT/PROPERTY OWNER: The agent is Matthew Couper representing the applicant and owner, Nazila Shams with ARISAM, LLC. REQUEST: The applicant requests approval of a variance to install a wrought iron fence and gates 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 15000 - 15387) is the appropriate environmental documentation for this request; and adopt the attached resolution approving Development Application No. 2022-00067. BACKGROUND: The subject property is 3.99-acres and is developed with a two-story office building used as a private college for Southern California Institute of Technology. The property provides a surface parking lot that is accessed from three existing driveways. The property is in the “I” Industrial Zone and is designated for Industrial land uses in the General Plan. The surrounding uses include a church to the north, multi-family development to the west, various office and industrial uses to the south, and Anaheim Union High School District offices to the east. In 1994 the Planning Commission approved Conditional Use Permit No. 3684 to permit a private business school with off-site parking facilities and fewer parking spaces than required by Code. PROPOSAL: The applicant requests to install a wrought iron fence and gates within the required street setback. The proposed fence and gates would be six feet high and are proposed along the Muller Street and Corporate Way street frontages. The wrought iron fence and gates would be constructed of tubular steel with ornamental picket tops. Development Application No. 2022-00067 May 22, 2023 Page 2 of 4 FENCE DESIGN The proposed fence along Muller Street would be placed seven feet six inches from the property line. A five-foot setback would be provided along Corporate Way, with the exception for a minor portion of the fence adjacent to Gate B. The existing landscape setback would be maintained along both street frontages and the fence would be installed in front of existing mature shrubs. Three driveway gates are proposed, one on Muller Street and two on Corporate Way, which provide access to the surface parking areas for the private college. The fence is proposed and designed to be outside of the vehicle line of sight required at the driveways. PROPOSED FENCE LOCATION Gate B Gate C Gate D Gate E Gate A Development Application No. 2022-00067 May 22, 2023 Page 3 of 4 In recent years, the Anaheim Police Department has recorded twenty incidents of trespassing, burglary, illegal parking, and vandalism of the property. The applicant’s letter of justification indicates that the proposed fencing would provide a secure environment for staff and students during and after the college’s operating hours. 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 classifi cation in the vicinity. The required street setback on Muller Street is 15 feet. When the property was constructed, the Zoning Code required a 10-foot landscaped setback. The existing landscape planter and parking spaces adjacent to Muller Street are located within the required 15-foot setback. The applicant has proposed the fence with a seven-foot six-inch landscape setback. The required street setback on Corporate Way is five feet. The proposed fence along Corporate Way generally meets the minimum required setback. There is a minor exception adjacent to Gate B, where the surface parking area encroaches into the setback area. Special circumstances apply to the property due to the legal nonconforming setbacks along these streets. Installation of a fence in accordance with the required setback on both streets would encroach into the surface parking areas which would result in a reduction in the number of required parking spaces. Because of the special circumstances applicable to the property, strict application of the Zoning Code would deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The adjacent church property to the north is similarly developed with a legal nonconforming setback and a wrought iron fence within the street setback. This fence is also placed in front of ornamental landscaping. Additionally, the Anaheim Union High School District property to the east is constructed with a chain link fence within the street setback on Muller Street. 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, patios, swimming pools, and fences. The proposed project is for a fence and gates 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 Development Application No. 2022-00067 May 22, 2023 Page 4 of 4 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 necessary findings exist to permit a variance for a fence and gates with a height greater than permitted by the Zoning Code due to the legal nonconforming setback and similar fences on properties in the vicinity. Additionally, the fence would provide additional security for the private college as the facility has experienced incidents of trespassing, burglary, and vandalism. Staff supports the variance request and recommends approval of the application. Prepared by, Submitted by, Jose Barriga Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Draft Variance Resolution 2. Justification and Letter of Operation 3. Project Plans 4. Aerial and Vicinity Maps