Resolution-PC 2023-017RESOLUTION NO. PC2023-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A VARIANCE TO INSTALL A FENCE
AND GATES WITH A HEIGHT GREATER THAN PERMITTED BY
THE ZONING CODE WITHIN THE REQUIRED STREET SETBACK
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2022-00067)
(525 NORTH MULLER 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 gates with
a height greater than permitted by the Zoning Code within the required street setback (the
"Proposed Project"), on that certain real property located at 525 North Muller 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 3.99 acres in size and is currently
developed with a two-story office building used as a private college. The property is designated
for Industrial land uses in the General Plan. The Property is also located in the "I" Industrial Zone
and is subject to the zoning and development standards contained in 18.10 (Industrial Zones) of
the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 22, 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 CEQA Procedures, 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). The Class 3
exemption consists of construction and location of limited numbers of new, small facilities or
structures, including perimeter fences within the required setbacks in urbanized areas. 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 or
Street Setbacks
(3 feet permitted; 6 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 property is developed with a legal nonconforming
landscape setback that is less than currently required by the Zoning Code. 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.
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. 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.; 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.
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.
- 2 - PC2023-017
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 22, 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.
CHAIRPERSON, PLANNINC MMISSION
OF THE CITY OF ANAHEI
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2023-017
EXHIBIT "A"
DEV NO. 2022-00067
APN: 072-071-33,
072-071-34 1
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Please note the accuracy is +/- two to five feet.
PC2023-017
EXHIBIT `B"
VARIANCE
(DEV2022-00067)
PC2023-017
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
A separate building permit shall be required for any electrical work or
Planning and
installations for the construction of any fence or gate requiring electrical
Building Department,
power.
Building Division
GENERAL CONDITIONS
2
All existing water meter(s) shall remain accessible from the public right of
Public Utilities Water
way outside of any fencing.
Engineering
3
All CBC and CFC requirements shall be followed for permit issuance. Any
Fire Department
fire permits shall be submitted directly to Anaheim Fire Prevention
Department.
Community Risk
Reduction Division
4
All manual gates shall require a Knox Box and Knox padlock.
Fire Department
Community Risk
Reduction Division
5
All electric gates shall require a Knox key switch.
Fire Department
Community Risk
Reduction Division
6
Fencing shall not obstruct/impede access to the DCDA/Fire Department
Fire Department
connection and public fire hydrant located off W. Corporate Way.
Community Risk
Reduction Division
7
Vehicle gates into the site shall be kept open during business hours.
Public Works
Department,
Traffic Engineering
8
At no point shall the vehicles at the gate block any part of the public right
Public Works
of way.
Department,
Traffic Engineering
9
All landscaping shall be maintained 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
Planning Services
if it is removed, damaged, diseased and/or dead.
Division
PC2023-017
PC2023-017
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
Division
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 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, including
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
Planning Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
ThLe 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
PC2023-017
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 22, 2023, by the following vote of the members
thereof.
AYES: Chairperson Kring, Commissioners Castro, Tran -Martin, and Walker
NOES:
ABSTAIN:
ABSENT: Commissioners Henninger, Lieberman, and Perez
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-017