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Attachment 2 - Justification and Letter of RequestARI SAM Lrc March 28,2023 JUSTIFICATION FOR VARIANCE To Whom lt May Concern: ARISAM is the owner of the property located at 525 North Muller Street, Anaheim, CA 92801. This location is approved for use and in use by a private college with approximately 50 staff and faculty, and a student population numbering around 500 students. The school normally operates Mondays-Saturdays between the hours of 7am to 11pm. We are requesting plan approval for a 6 foot height, 1000 linear foot perimeter iron fence around our property with appropriate vehicle and pedestrian gates. Portions of the perimeter fence run parallel to N Muller Street and W Corporate Way, We request a variance for the Anoheim Municipol Code L8.10.060 BUILDING SETBACKS in order for the portion of the fence running parallel to N Muller Street to have a setback of approximately 7 feet 6 inches based on the map provided by city staff showing an approximation of the beginning of the setback line. The said municipalcode requires a current setback of 15 feet because N Muller Street is considered a "Collector Street" per city staff. The area surrounding our property has seen an increase in criminal activity and homelessness in recent years. ln the past two years, the following events have occurred on our property: o Five separate incidents of burglary, one of which led to an arrest. r Numerous cases of vandalism, including graffiti, broken locks, damaged walls, damaged glass, and damaged outdoor furniture. o Numerous vehicles trespassing in our parking lot, including various cases where trespassers performed doughnuts (circular skid-marks), one of which resulted in a stolen vehicle being damaged and abandoned in our parking lot. o Multiple and ongoing cases where homeless individuals park their vehicles on N Muller Street and W Corporate way and dump their trash on our property. r Multiple cases of trespassing and squatting, including a recent incident where a homeless individual trespassed and attempted to squat in an enclosure housing electrical transformers, causing one of the transformers to explode and start a fire. Our property was fortunate that the fire did not spread onto the main building. The transformer to this day is not operational. We have had limited success working with the Anaheim Police Department to address the increase in criminal activity and homelessness in our area and do not believe the City of Anaheim is taking adequate actions to address these problems. As such, our property is in serious need of a perimeter fence for the safety, security and protection of our stafl faculty and student population who use the property on a daily basis. The variance to reduce the setback to 2-4 feet on the side parallel to N Muller Street is necessary to ensure a level of protection against the increased criminal and homelessness activity in our area and to eliminate the loss of parking stalls that the college needs to maintain for its permitted operation. ATTACHMENT NO. 2 ARI SAM rrc The following is a restatement of and response to the items requested in the Justification for Variance f orm. ldentify ony speciol physical choracteristics ofthe property such as shope, topogrophy, location or surroundings that couse the requested development to not meet zoning codes, A 15 foot setback would require that the fence running parallel to N Muller Street be constructed in the properties parking lot, which would eliminate a substantial number of parking stalls that are in use by the college. The college requires that it maintain a set number of parking stalls for its operational use to avoid its staff, faculty and students from parking on public streets. Do other properties in the vicinity hove the some type of physical charocteristics as this property? lf so, please identify a few of them Yes, the Sa-Rong Community Church Kingdom Dreom Center adjacent and north of our property and a business complex across Corporate Way and south of our property have the same type of physical characteristics as our property whereby a fence with a 15 foot setback would intrude on their parking a rea, ldentify any other neighboring properties thot hove the sdme type of improvement thot you are requesting, There are at least three (3) properties bordering North Muller Street near 525 North Muller Street that show the properties with fences having a height of 6 feet or over, and that encroach on the 15 foot setback from the public right of way. Please see Exhibit A - Fences in Neighboring Properties for addresses and images of the said properties, The properties listed in Exhibit A are a sample and may not include all properties having fences that are 6 feet or over and that encroach on the 15 foot setback from the public right of way. All images in Exhibit A were taken on sidewalks parallel to North Muller Street, ldentify the couse of the speciol choracteristics of the site that limits the ability to comply with code requirements (e.g.' naturol slope of the lond, placement of other structures), The layout of our building and parking lot area is one where a 15 foot setback would require a fence to intrude on our parking lot area and eliminate a substantial number of parking stalls. The college is required to maintain and use a set number of parking stalls for its permitted use and operational needs. Shams, Manager Exhibit A – Page 1 of 3 Exhibit A - Fences in Neighboring Properties The following are addresses and images of 3 properties bordering North Muller Street near 525 North Muller Street that show the properties with fences having a height of 6 feet or over, and that encroach on the 15 foot setback from the public right of way. The listed properties are a sample and may not include all properties having fences that are 6 feet or over and that encroach on the 15 foot setback from the public right of way. All images were taken on sidewalks parallel to North Muller Street. Property 1 – Sa-rang Community Church Address: 1900 W Crescent Ave Exhibit A – Page 2 of 3 Property 2 – Anaheim Union HSD Address: 501 N Crescent Way Exhibit A – Page 3 of 3 Property 3 Address: 315 North Muller Street ARI.SAM LLC VEHICLE ACCESS GATE OPERATING AGREEMENT This Operating Agreement makes reference to five (5) vehicle access gates for the property located at 525 North Muller Street, Anaheim, CA 92801 (“property”) as shown in Exhibit A and described below. This location is approved for use and in use by a private college named Southern California Institute of Technology (“SCIT” or “College”). GATE A A 15’ wide single swinging manual gate located between the southwest corner of the property and W Alameda Ave. GATE B A 25’ wide automatic (motorized) sliding gate located between the southern perimeter of the property and the western end of W Corporate Way. GATE C A 25’ wide manual sliding gate located between the southern perimeter of the property and W Corporate Way nearer to the existing building on the property. GATE D A 26’ wide automatic (motorized) sliding gate located on the eastern perimeter of the property and N Muller St. GATE E Two (2), 15’ wide double manual swinging gates located on the norther perimeter of the property and near N Muller St. The operation and setback location of the gates shall be as follows: GATES A,E These are emergency access gates and are to regularly remain closed. They are located on the perimeter of the property with GATE A having a setback of 0’ from the respective public right of way and GATE E bordering a private roadway accessible from N Muller Street. GATES B,D These gates are to remain open during the College’s business hours, which is normally Mondays thru Fridays from 8am to 10pm, except holidays. These gates are to automatically open through an electronic timer based control. The gates will be manually closed by the College at the College’s closing time. The gates are to remain closed during non-business hours and open only for vehicles exiting the property. GATE B is located with a setback of approximately 8’ from the public right of way and GATE D is located with a setback of approximately 11’ from the public right of way. GATE C This gate is to be manually opened and closed by the College as necessary. This gate will also be the main access onto the property should GATES B and/or D not be functioning or if the property needs to be accessed during non-business ARI.SAM LLC hours. The College intends to generally have the gate remain open during business hours and remain closed during non-business hours. It is located with a setback of 20’ from the public right of way. Gate Access with Respect to Church The college neighbors the Sa-Rang Community Church Kingdom Dream Center (“Church”) to its north located at 1900 West Crescent Ave, Anaheim, CA 92801. The College leases the properties parking area to the Church on Sundays. Insofar as a lease agreement is maintained by the college and the Church, the College shall provide key access to GATE C for the Church to open on Sundays for their use consistent with the lease agreement. 73.51' 117.38' 267.38' 46.00' 33.43' 18.53'284.42' 186.64' 76.89' 240.94' 48.24'30.30' 32.18'302.64' R=15' 340.55' 30' TO CL 32' TO CLMULLER STREETW CORPORATE WAY PROPOSED 25' WIDE AUTOMATIC SLIDING GATE PROPOSED 25' WIDE MANUAL SLIDING GATE 25' 25' 15' SINGLE SWINGING MANUAL GATE PROPOSED 26' WIDE AUTOMATIC SLIDING GATE PEDESTRIAN GATE 40" WIDE 25' PROPOSED DOUBLE MANUALS SWINGING GATES - (2) 15' GATES 230 LF OF FENCE - GATE TO GATE 75 LF OF FENCE - GATE TO GATE 350 LF OF FENCE - GATE TO GATE 220 LF OF FENCE - GATE TO GATE EXISTING BUILDING 191.66' 19.39' 91.66' 37.54' 20' INFO@SWIFT-PERMITS.COM SWIFT-PERMITS.COM (619) 884-9188 CONTRACTOR: PROPERTY OWNER: LEGAL DESCRIPTION: SP-1DATE: 07/29/2022 SCALE: 1" = 50' SCOPE OF WORK: LEGEND PROPERTY LINE FENCE DRAINAGE FLOW VICINITY MAP BMP LEGEND MATERIALS & WASTE MANAGEMENT BMP'S: WM-1 MATERIAL DELIVERY & STORAGE WM-4 SPILL PREVENTION & CONTROL WM-8 CONCRETE WASTE MANAGEMENT WM-5 SOLID WASTE MANAGEMENT WM-9 SANITARY WASTE MANAGEMENT WM-6 HAZARDOUS WASTE MANAGEMENT TEMPORARY RUNOFF CONTROL BMP'S: SS-2 PRESERVATION OF EXISTING VEGETATION SS-4 HYDROSEEDING (SUMMER) SS-6/SS-8 STRAW OR WOOD MULCH SC-5 FIBER ROLLS TC-1 STABILIZED CONSTRUCTION ENTRANCE BASELINE BMP'S FOR EXISTING & PROPOSED SITE FEATURES: SD-B DIRECT RUNOFF TO PERVIOUS AREAS SD-G CONSERVE NATURAL FEATURES SD-K SUSTAINABLE LANDSCAPING GENERAL NOTES 1. NO MORE THAN 500ft.² OF PROPOSED LANDSCAPING 2. PROJECT WILL COMPLY WITH THE FOLLOWING BUILDING CODES AND ASSOCIATED COUNTY OF SAN DIEGO AMENDMENTS: 2.1. 2019 CALIFORNIA RESIDENCE CODE(CRC) AND/OR 2019 CALIFORNIA BUILDING CODE (CBC) AS APPLICABLE 2.2. 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN) 2.3. 2019 CALIFORNIA ELECTRICAL CODE(CEC) 2.4. 2019 CALIFORNIA MECHANICAL CODE(CMC) 2.5. 2019 CALIFORNIA PLUMBING CODE(CPC) 2.6. 2019 CALIFORNIA FIRE CODE(CFC) 2.7. 2019 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS (CBEES) EARTHWORKS Cut Quantities: 55 yd³Fill Quantities: 0 yd³ Export: 55 yd³ Import: 0 yd³ Max Cut Depth: 7 ft.Max Fill Depth: 0 ft. Total Disturbance Area: 553 ft²Existing Impervious Area: 2,069 ft² Proposed Impervious Area: 133 ft²Total Impervious Area: 2,202 ft² Impervious % Increase: 6 % NOTE: Impervious areas shall include: roof, sidewalk, parking areas, walkways, pool decks, etc. This project proposes to export 55 cubic yards of material from this site. All export material shall be discharged to a legal disposal site. The approval of this project does not allow processing and sale of the material, all such activities require a separate Conditional Use Permit. EVERFENCE CORPORATION 12309 TELEGRAPH RD SANTA FE SPRINGS, CA 90670 (562) 946-2872 LICENSE #1063022 C13 ARISAM, LLC 525 MULLER STREET ANAHEIM, CA 92801 APN: 072-071-33 072-071-34 PAR 3 & PAR 4 MAP 07272 1000 LF APACHE SPEAR IRON FENCING (6' HEIGHT) 2 = 25' WIDE GATE AUTOMATED SOLAR POWERED OPERATORS 1 = 25' WIDE MANUAL GATE 1 = 4' WIDE PEDESTRIAN GATE 2 = 15' WIDE SWING GATES GATE A GATE B GATE C GATE D GATE E EXHIBIT A