Resolution-ZA 1999-22
DECISION NO. ZA 99-22
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4351
OWNER: The Schwab Foundation/Ardath Schwab
5000 East Bonanza Road #162, Las Vegas, NV 89110
AGENT: Jeffery C. Jonsson
6 Morgan #100, Irvine, CA 92618
LOCATION: 3361-3369 East Miraloma Avenue
CEQA STATUS: CEQA NEGATIVE DECLARATION
HEARING DATE: July 1 1999, continued from the meetings of April 8, April 22, May 6 and June 17, 1999.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to permit and retain 8,742 sq.ft. of office space
within an existing 20,395 sq.ft. industrial complex:
Sections 18.06.050.020.021.0212.
18.06.050.030.031
18.06.080
and 18.110.050.110
Minimum number of ap rking spaces.
(48 required; ~. proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code
Section 18.12.040, to decide the above-referenced petition and a public hearing having been duly noticed for
and held on the date set forth above, I do hereby find:
1. That this proposal is located in Development Area 1 (Industrial Area) of the Northeast Area Specific
Plan (Specific Plan No. 94-1 ).
2. That approval of this parking waiver is based on information contained in the submitted parking study
(prepare by KJK and Associates) pertaining to the operational characteristics of this specific use on
this property, as concurred with by the City Traffic and Transportation Manager.
3. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be
provided for the underlying use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of
operation of such use.
4. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the underlying use.
5. That the waiver, under the conditions imposed, will not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the underlying use (which
property is not expressly provided as parking for such use under an agreement in compliance with
Section 18.06.010.020 of the Zoning Code).
ZA-V4351.doc ZA gg_22
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6. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street
parking areas or lots provided for the underlying use.
7. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the underlying use.
8. That granting of this parking waiver will not cause an increase in traffic congestion in the immediate
vicinity nor adversely affect any adjoining land uses.
9. That granting of this parking waiver, under the conditions imposed, will not be detrimental to the
peace, health, safety or general welfare of the citizens of the City of Anaheim.
10. That no one indicated their presence at the public hearing in opposition to the proposal, and that no
correspondence was received in opposition.
CA~RNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
this waiver of minimum number of parking spaces to permit and retain 8,742 sq.ft. of office space within an
existing 20,395 sq.ft. industrial complex on arectangularly-shaped 0.8 acre parcel having a frontage of 165
feet on the north side of Miraloma Avenue, a depth of 221 feet, and located 160 feet west of the centerline of
Miller Street, and addressed at 3361-3369 East Miraloma Avenue; and does hereby approve the Negative
Declaration upon finding that she has considered the Negative Declaration. together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will have a significant effect on the
environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 4351, subject to the following conditions:
1. That in the eventa parking deficiency develops and/or complaints are received regarding insufficient
parking, this variance shall be scheduled for consideration by the Zoning Administrator and the
variance may be rescinded thereby requiring that a portion of the office improvements be removed to
a level that mitigates the parking deficiency that meets parking requirements.
2. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plan is on file with the Planning
Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herein.
3. .That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning 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.
5. That granting of this parking waiver shall be deemed contingent upon operation of existing use of the
property in conformance with the assumptions relating to the operation and intensity of the use as
contained in the parking demand study that formed the basis for approval of this variance.
Exceeding, violating, intensifying or otherwise deviating from any of the assumptions contained in the
parking demand study shall be deemed a violation of the express conditions imposed upon this
variance which shall subject said variance to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of this Code.
This decision is made, signed, and entered into the le this 8t~hday of July 199 .
//~ ~ 1
Annika M. Santalahti, Zoning Administrator
ZA-V4351.doc ZA 99-22
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by
an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this decision or unless
members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the decision to the applicant and did forward a
copy to the City Clerk.
DATE: July 8, 1999 ~
Edi L. Harris, PC Support Supervisor
ZA-V4351.doc ZA 99-22