Resolution-PC 2009-099RESOLUTION NO. PC2009 -099
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION
AND APPROVING VARIANCE NO. 2009 -04789
(1201 NORTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit "A attached hereto and incorporated herein by this reference; and
WHEREAS, the applicant requests a variance from parking requirements to
construct a distribution warehouse with accessory office uses with fewer parking spaces than
required by Code in the Industrial (I) zone and the Anaheim General Plan designates this property
for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 12, 2009 at 3:30 p.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 hear and consider evidence for and against said proposed
variance and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
1. The applicant requests a variance from the following Code Section to construct a
distribution warehouse with accessory office uses:
(a) SECTION NO. 18.42.040.010
Minimum number of parking spaces
(643 spaces required for Phase 1 and 800
spaces required for Phase 2; 484 spaces
proposed)
2. The above mentioned variance, under the conditions imposed, will not cause fewer
off- street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use as indicated in the parking study dated July 31, 2009 prepared by Kunzman
Associates, Inc.
3. The parking 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 aforementioned parking study which concludes that the proposed 484 parking spaces are
adequate to meet the peak demand of the distribution center and office uses.
-1- PC2009 -099
4. The 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. The variance will not increase traffic congestion within the off- street parking areas
provided for the proposed use as indicated in the parking justification letter and there are no new
points of ingress and egress proposed in conjunction with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Negative Declaration in
connection with the proposed Variance No. 2009 -04789 is adequate to serve as the required
environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby approve Variance No. 2009 -04789 subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject 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 Anaheim
Municipal 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
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without limitations
on the hours of operation or duration of the use. Amendments, modifications and revocations 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 Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
-2- PC2009 -099
issuance of the 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 permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTIOg
dopted at the Planning Commission
meeting of October 12, 2009.
A 1'1'EST:
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
CHAIRMA H
V
g l/l----\ \NTENG
SENIOR SECRETAR AHEIM CITY PLANNING COMMISSION
I
I, Grace Medina, Senior 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 October 12, 2009, by the following vote of the members thereof:
AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
NONE
AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this l2 day of October, 2009.
f/` te a..
SENIOR CRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2009 -099
EXHIBIT "A"
VARIANCE NO. 2009- 04789
ter ,no Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10844
-4-
PC2009 -099
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
Plans submitted for building permits shall indicate that
curbs adjacent to the drive aisles shall be painted red to
prohibit parallel parking in the drive aisles and that Fire
Lanes shall be posted with "No Parking Any Time
Planning
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
2
Curbs adjacent to the drive aisles shall be painted red to
prohibit parallel parking in the drive aisles.
Planning
3
Fire lanes shall be posted with "No Parking Any Time."
Planning
GENERAL
4
No required parking areas shall be fenced or otherwise
enclosed for outdoor storage uses.
Planning
5
The subject property shall be developed substantially in
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 (Site Plan), 2 and 3
(Phase 1- Floor Plans) and as conditioned herein.
Planning
6
Granting of the parking variance is contingent upon
operation of this facility in conformance with the
assumptions and/or conclusions relating to the operation
and intensity of use as contained in the parking study dated
July 31, 2009 prepared by Kunzman Associates, Inc. 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
parking study, shall be deemed a violation of the expressed
conditions imposed upon said variance which shall subject
this variance to termination pursuant to the provisions of
Chapter 18.60 Procedures of the Anaheim Municipal
Code.
Planning
EXHIBIT `B"
VARIANCE NO. 2009-04789
-5-
PC2009 -099