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Resolution-PC 2014-035RESOLUTION NO. PC2014 -035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04959 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00004) (1225 NORTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve Variance No. 2014 -04959 to construct a seven -foot high wrought iron fence and gates exceeding the permitted height within the required front yard setback of an existing self - storage facility (the "Proposed Project ") for that real property located at 1225 North East Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.1 acres, is developed with a 67,428 square foot self - storage building. The Property is located in and subject to the regulations and development standards of the Industrial (1) Zone. The Anaheim General Plan designates the Property for Medium Density Residential land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 19, 2014 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 of the Anaheim Municipal Code (the "Code ") to hear and consider evidence for and against proposed Variance No. 2014 -04959 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 Proposed Project is within that class of projects 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, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for a variance to construct a 7 -foot high wrought iron fence and gates exceeding the permitted height within the required front setback, does find and determine the following facts: SECTION NO. 18.46.110.030 Permitted Fences and Walls. (3 -foot maximum height permitted; 7 feet proposed) - I - PC2014 -035 I . That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the size and orientation of the building, that precludes the landscape area from being increased to meet current Code requirements while maintaining required parking and vehicular circulation areas. Therefore, the proposed 7 -foot high wrought iron fence cannot be placed outside of the required front setback without impacting the existing parking lot. 2. That there are special circumstances applicable to the Property pertaining to its topography and location, which do not apply to identical zoned properties in the vicinity because of the lot configurattion. The lot is narrow in depth and cannot provide the current Code - required 20 -foot setback; a 10 -foot setback is provided. Because this Property is a corner lot, the Property also has two means of vehicular access, which by location subjects the Property to vandalism. The condition of the Property has become an attractive nuisance. By location, the Property lends itself to recreational activities unintended for this facilty and further creates opportunity for repeated vandalism. The Anaheim Police Department has found that the Property is in need of enhanced security measures beyond those already established at the Property in order to provide additional protection for the building and business vehicles located thereon. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014- 04959, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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(s), (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. -2- PC2014 -035 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 19, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY T"ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 19, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 19` day of May, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2014 -035 EXHIBIT "A" 1 01 OLWN • 1 . 1111 APN: 267 E KENWOOD AVE i— va w 211' Z E KENWOOD AVE r.. EO r- o cv � 235' E ROMNEYA DR vs aC z z Source: Recorded Tract Maps and./or City GI& Falk Please note the accuracy is +I_ two to five feet- -4- PC2014 -035 EXHIBIT "B" VARIANCE NO. 2014-04959 (DEV2014- 00004) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The premises shall be equipped with a comprehensive security Police Department alarm system (silent or audible) for the following coverage areas: perimeter building and access route protection and high valued storage areas within 120 days of this permit. A Burglary /Robbery Alarm Permit application must be completed, Form APD 516, and return it to the Police Department prior to initial alarm activation within 120 days of this permit. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.asp ?id =678 2 Ongoing during project operation, upon the daily opening of the Planning facility, the gate at the Kenwood Avenue driveway shall be Department, Code opened first, followed by the gate facing East Street. Upon the Enforcement daily closing of the facility, the gate at the Kenwood Avenue driveway shall be closed after the gate facing East Street is closed. The employee opening the gate shall stage their vehicle on Kenwood Avenue in order to operate the Kenwood Avenue gate, but shall have their vehicle on -site to operate the gate facing East Street. 3 Any graffiti painted or marked upon the premises or on any Planning adjacent area under the control of the Property owner shall be Department, Code removed or painted over within 24 hours of being applied. Enforcement 4 No required parking area shall be fenced or otherwise enclosed Planning for purposes of outdoor storage. Department, Code Enforcement GENERAL CONDITIONS 5 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnities ") from Planning Services any and all claims, actions or proceedings brought against Division Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's - 5 - PC2014 -035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 6 The applicant is responsible for paying all charges related to the Planning 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. 7 The premises shall be developed substantially in accordance with Planning the plan and specifications submitted to and reviewed and Department, approved by the City of Anaheim, which plan is on file with the Planning Services Planning Department marked as Exhibit No. 1 (Site Plan). Division -6- PC2014 -035