Resolution-ZA 2009-2RESOLUTION NO. ZA2009-2
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2009-04775
(1400 NORTH KELLOGG DRIVE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for a
vaziance from parking requirements to convert existing office space to classroom space within an
existing indusirial fraining facility for certain real properry situated in the City of Anaheim, County
of Orange, State of Califomia shown on Exhibit A, attached hereto and incorporated herein by this
reference; and •
WHEREAS, this properiy is currently developed with a four building industrial
complex within the SP94-1, DA 2(Northeast Area Specific Plan, Expanded Industrial Area) zone
and the Anaheim General Plan designates this properry for Industrial land uses; and
WHEREAS, the Zoning Administrator did hold a public heazing at
the Civic Center in the City of Anaheim on May 28, 2009 at 930 a.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said
proposed vaziance and to investigate and make findings and recommendations in connection
therewith, and
WHEREAS, said Zoning Administrator, 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, does find and determine the following facts:
1. ThaY tbe applicant requests a variance from the following Code Section to convert
existing office areas to classrooms for an industry-related training facility:
(a) SECTION NO. 18.42.040.010 Minimum number of parkine spaces
(643 spaces raquired; 579 spaces
proposed)
2. That the above-mentioned vaziance, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces
necessazy to accommodate all vehicles attributable to the proposal under the normal and reasonably
foreseeable operation of such use because the pazking study determined that the 579 pazking spaces
provided on site would accommodate the peak parking demand of 415 spaces for the existing
industrial business cpmplex during evening hours when approximately 90% of the classes aze
conducted.
-1- ZA2009-002
3. That the pazking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity, as
indicated in the submitted parking study. Tt~e study states thac all customers and employees were
observed to park on-site and that the parking lot is adequate to accommodate the m~imum parking
demand for this site.
4. That tl~e variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained
on-site within the property boundaries. ~
5. That the variance will not increase traffic congestion within the off-street parking
areas provided for the proposed use as the building locations and vehicular pazking areas and
circulation will not be impacted by this request and there are no new points of ingress and egress
proposed in conjunction with this request.
WHEREAS, the proposed project falls within the definition of Categorical
ExempTions, 3ection 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines
and is, therefore, exempt from the requirement to prepaze addi6onal environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby approve Variance No.2009-04775.
BE 1T F[JRTHER RESOLVED that granting of the parking variance is contingent
upon operation of the use in conformance with the assumptions and/or conclusions relating to the
operation and intensity of use as contained in the parking demand study that formed the basis for
approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the pazking demand study, shall be deemed a violation
of the expressed conditions imposed upon said variance which shall subject this variance to term9nation
or modification pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the approval of this application constitutes
approval of the proposed request only to the extent that at 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, regulaUOn or requirement.
BE IT FURTf~R RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of tY~e final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required pernuts or
the revocation of the approval of this application.
-2- ZA2009-002
THE FOREGOING RESOLUT'ION was adopted at the Zoning Administrator
meeting of May 28, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
'~v °~--~
:4N IM ZONING"ADMINISTRATOR
ATTEST:
SENIOR S~CRETARY, ANAHEIl~LONING ADMINISTRATOR
STATE OF CALIFOItNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Zoning Administrator, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning
Administrator held on May 28, 2009.
IN WITNES3 WHEREOF, I have hereunto set my hand this 28`~ day of May, 2009.
SENIOR ~CRETARY, ANAHEIM ZONING ADMINISTRATOR
-3- ZA2009-002
EX~IT "A"
VARIANCE NO. 2009-04775
~ )~IJ~
HUNTER AVE
~
0
~
C~
O
J
J
W
Y
e so ma Source: Recorded Tract Maps andlor City GIS.
ree! ~~ Please note the accuracy is +/-1WO ~o fve feet.
-4- ZA2009-003
LANDON DR
LA PALMA AVE
EXHIBIT "B"
VARIANCE NO. 2009-04775
NO. CONDITIONS OF APPROVAL ~SPONSIBLE
FOR
MONITORING
PRfOR TO COMMENCEMENT OFBUSINESS OPERATION OR WITHINA PERIOD OF
ONE (1) YEAR
1 The subject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anatieim by
the applicant and which plans are on file with the Planning
Department marked E~chibit Nos. 1(Site Plan ) 2(Floor
Plan) and 3,(F1oor Plan) and as conditioned herein.
2 The applicant shall submit any changes in class scfiednle Planning
that would add more classes during normal weekday
business hours to the Planning Department for review.
-5- ZA2009-002