Resolution-PC 2023-015RESOLUTION NO. PC2023-015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A VARIANCE TO INSTALL A FENCE
AND PILASTERS WITH A HEIGHT GREATER THAN PERMITTED
BY THE ZONING CODE WITHIN THE REQUIRED STREET
SETBACK AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2022-00079)
(1401 WEST BALL ROAD AND 865 — 955 SOUTH WALNUT STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a variance to install a fence and pilasters
with a height greater than permitted by the Zoning Code ("the Code") within the required street
setback (the "Proposed Project"), on that certain real property located at 1401 West Ball Road and
865 — 955 South Walnut Street, in the City of Anaheim, County of Orange, State of California, as
generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property is approximately 7.77 acres in size and is developed with
several one, two, and three-story buildings used as residential independent senior living, memory
care, and skilled nursing facilities. The property is designated for Medium Density Residential
land uses in the General Plan. The Property is also located in the "RM -4" Multi -Family Residential
Zone and is subject to the zoning and development standards contained in 18.06 (Multiple Family
Residential Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 8, 2023 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 (Procedures)
of the Code, to hear and consider evidence for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds and determines that the effects of the
proposed project are Categorically Exempt from the requirements to prepare additional
environmental documentation per California Environmental Quality Act (CEQA) Guidelines,
Section 15303, Class 3 (New Construction or Conversion of Small Structures 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
PC2023-015
for a fence and pilasters with a height greater than permitted by the Zoning Code within the
required street setback Pursuant to Section Pursuant to Section 15300.2 (c) and 15303 of Title 14
of the California Code of Regulations, 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; 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 with respect to the request for the Proposed Project, does find and determine
the following facts:
SECTION 18.46.110.030 Maximum Height Within Required Front and
Street Setbacks
(3 feet permitted; 7 feet proposed)
1. 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. The street setback on Ball Road is 20 feet. A variance was
granted in 2004 with Conditional Use Permit No. 2004-04917 to allow the buildings and parking
lot to encroach into the street setback. The buildings are located 15 feet from the property line and
the parking lot is located eight feet from the property line. 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. Special circumstances apply to this property due to the permitted
location of the buildings and parking lot such that installation of a fence outside of the setback
would place the fence behind the building wall and within the parking lot; and
2. That, because of the special circumstances identified above, strict
application of the Code would deprive the property of privileges enjoyed by other property under
identical zoning classification in the vicinity. There are properties in the general vicinity to the
project site under identical zoning classification that have fences higher than permitted by Code in
the front setback. The additional properties are developed with a mix of multiple -family and
educational land uses. Additionally, the proposed fencing is consistent with the variance approved
with the original permit allowing fencing with the street setback of the subject property; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report,
and all materials in the project files. There is no substantial evidence, nor are there other facts that
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
- 2 - PC2023-015
NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this
Planning Commission does hereby approve the variance, contingent upon and subject to the
conditions of approval set forth 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. 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, (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 of Permit
Approval) and 18.60.200 (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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 8, 2023. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
RPERSON, PLANNIN COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-015
EXHIBIT "A"
DEV NO. 2022-00079
APN: 036-072-34
W BEACON AVE
454'
F-
in
3 W pVE
M
m
T189'
618' �y
W BALL RD
w
x
W COLONIAL AVE �a++
LL
N
o soioo Source_ Recorded Tract Maps and/or City GIS.
rer� Please note the accuracy is +/- two to five feet.
PC2023-015
EXHIBIT "B"
VARIANCE
(DEV2022-00079)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
shall submit a set of improvement plans for Public
Public Utilities Water
s Water Engineering review and approval in determining the
Engineering
ons necessary for providing water service to the project.
F2Allner/Developer
UANCE OF BUILDING PERMITS
uests for new water services, backflow equipment, or fire lines, as
Public Utilities Water
any modifications, relocations, or abandonments of existing water
Engineering
, backflow equipment, and fire lines, shall be coordinated and
ed through Water Engineering Division of the Anaheim Public
Utilities Department.
3
All existing water services and fire services shall conform to current Water
Public Utilities Water
Services Standards Specifications. Any water service and/or fire line that
Engineering
does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
GENERAL CONDITIONS
4
The following minimum horizontal clearances shall be maintained
Public Utilities Water
between proposed water main and other facilities:
Engineering
• 10 -feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including storm
drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g., water mains, fire hydrants, service
laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, streetlights, and trees.
PC2023-015
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g., storm drain, gas, electric, etc.) or above -ground
facilities.
-AND/OR-
The following additional minimum clearances shall be maintained
between existing and proposed public water main and other facilities:
• 10 -feet minimum horizontal separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals.
• 6 -feet minimum separation from curb face
12 -inch minimum vertical separation from other utilities.
5
All CBC and CFC requirements shall be followed for permit issuance. Any
fire permits which includes fire sprinklers, fire alarm, etc. shall be
Fire Department
submitted directly to Anaheim Fire Prevention Department.
Community Risk
Reduction Division
6
Knox key switches shall be required for vehicle gate(s). A Knox box is
required for the pedestrian gate(s).
Fire Department
Community Risk
Reduction Division
7
Gates shall be wrought iron or similar material to provide a line of sight for
vehicles exiting the driveways.
public Works
Department,
Traffic Engineering
8
At no point shall the vehicles at the gate block any part of the public right
of way.
public Works
Department,
Traffic Engineering
9
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Building Department,
maintained in perpetuity. Landscaping shall be replaced in a timely manner
if it is removed, damaged, diseased and/or dead.
planning Services
Division
10
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
Planning and
individually and collectively as "Indemnitees") from any and all claims,
Building Department,
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this permit
planning Services
or any of the proceedings, acts or determinations taken, done, or made prior
Division
to the decision, or to determine the reasonableness, legality or validity of
any condition attached thereto. The Applicant's indemnification is intended
to include, but not be limited to, damages, fees and/or costs awarded against
or incurred by Indemnitees and costs of suit, claim or litigation, includin
PC2023-015
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
without limitation attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
11
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
Planning and
final invoice or prior to the issuance of building permits for this project,
Building Department,
whichever occurs first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of the approval
planning Services
of this application.
Division
12
The property shall be developed substantially in accordance with plans and
Planning and
specifications submitted to the City of Anaheim by the applicant and which
Building Department,
plans are on file with the Planning Department.
Planning Services
Division
PC2023-015
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 8, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Perez,
Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT: Commissioner Lieberman
IN WITNESS WHEREOF, I have hereunto set my hand this 8d day of May 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-015