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Resolution-ZA 2004-10• ~ DECISION NO. ZA 2004-10 A DECISION OF THE ZONING ADMINISTRATOR AMENDING VARIANCE NO. 2745 OWNER: Richard T. Coleman 1151 North Magnolia Avenue Anaheim, CA 92801 AGENT: Phillip Schwartze 31682 EI Camino Real ' San Juan Capistrano, CA 92675 LOCATION: 721 North Euclid Street HEARING DATE: February 5, 2004, continued to the meetings of February 19, March 4, and April 1, 2004 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence in opposition was received. REQUEST: Amend Variance No. 2745 to permit the following waiver to convert an existing office building to a medical building: Sections 18.06.050.020.021.0211 - Minimum number of parking spaces. 18.06.080 (162 spaces required; 18.12.060.110 117 spaces proposed and concurred with by and 18.44.066.050 the City Traffic and Transportation Manager) Having been appointed ZoY~ing Administrator by the Planning Director, pursuant to Section 18.12.040 (Authority and Duties) of the Anaheim Municipal Code, 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 on November 10, 1975, the Anaheim City Panning Commission did, by its Resolution No. PC75-225, grant Variance No. 2745 far waiver of minimum number of parking spaces (106 spaces required., 93 .spaces proposed) to construct a bank at subject property; and that said resolution includes one condition of approval which specifies that the property shall be developed substantially in accordance with Exhibit No. 1. 2. That subject property is developed with a 3-story office building in the CL (Commercial, Limited) zone; and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses. 3. That the applicant has submitted a request to amend the parking waiver, which permits 93 parking spaces for amulti-story building (instead of 106 spaces required), to permit 117 parking spaces (instead of 162 spaces required} in order to convert the existing office building into medical offices. 4. That the parking variance is hereby approved on the basis that the proposed number of parking spaces is adequate to serve the proposed medical offices, as described in the parking study submitted by the applicant and discussed in paragraphs (16) and (17) of the Staff Report to the Zoning Administrator dated Apri! 1, 2004; and that the City Traffic and Transportation Manager concurs with the analysis described in the parking study. Tracking No. VAR2003-04595 ZA2004-10.doc - 1 of 3 - ZA2004-10 • • 5. That the parking variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed 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 the use. 6. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 7. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use {which property is not expressly provided as parking for the proposed use under an agreement in compliance with Section 18.06.010.020 (pertaining to location of required parking spaces) of the Anaheim Municipal Code). 8. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or {ots provided for the proposed use. 9. That the variance, 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 proposed use. 10. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the. proposal to amend Variance No. 2745 to modify the waiver of minimum number of parking spaces from 93 spaces approved for genera/ office uses (106 spaces required) to 162 spaces required for medical office uses (117 spaces proposed) in order to convert an existing office building to a medical office building on a rectangularly shaped 1.18-acre property having a frontage of 175 feet on the west side of Euclid Street and a maximum depth of 277 feet, being located 236 feet south of the centerline of Glenoaks Avenue and further described as 721 North Euclid Street; and that the Planning Director's authorized representative has determined that the proposed project is Categorically Exempt, Class 1 (Existing Facilities), as defined in the State of California Environmental Quality Act Guidelines and is, therefore, categorically exempt from the requirement to prepare further environmental documentation. Based on the evidence and testimony presented to me, I do hereby determine to amend Resolution No. PC75-225, approved in connectiori with Variance No. 2745, to amend the parking waiver, as requested, in order to convert an existing 3-story office building to a medical officebuilding, and to amend the conditions of approval in their entirety to read as follows: 1. That all commercial truck deliveries shall take place between the hours of 8:00 a.m. and 10:00 a.m. seven days a week. Said commercial trucks shall not be parked or stored on the premises except for loading and unloading purposes. 2. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 3. That granting this parking waiver is contingent upon operation of the proposed 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 parking waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions andlor conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon this waiver which shall subject this variance to termination or modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances -Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances -Grounds) of the Anaheim Municipal Code. Tracking No. VAR2003-04595 ZA2004-10.doc - 2 of 3 - ZA2004-10 • r 4. That the parking lot shall be resurfaced and re-striped to provide a minimum of one hundred seventeen (117) parking spaces including a minimum of four (4) handicapped spaces, one (1) of which shalt be van accessible, as specified in City Engineering Standard Nos. 436, 601 E and 602E. 5. 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. 6. That prior to commencement of the activity authorized by this decision, or prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 4, 5 and $, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits; Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 7. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipa! 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. 8. That a site plan shall be submitted to the Zoning Division for review and approval showing the .minimum number of parking spaces including the handicapped spaces as required by Condition No. 4, above, and also showing the specific parking lot landscaping that will be retained or refurbished (to show that such landscaping is healthy and is not diseased or dead) and any. new landscaping that will be planted as a result gf the parking lot improvements, including species, sizes and spacing of all trees, shrubs and other plants; and that following approval, a copy of said landscaping plan shall be filed with the Planning Department. Where appropriate, photographs may be used to show healthy landscaping that will be retained. This decision is made, signed,. and entered into the file this 8`h day of Apri12004. 1~ A Annika M. Santalahti, Zoning Administrator NOTICE: This decision sha11 become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days 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 8Y 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: April 8, 2004 ~~~~ ~ L ~- ° ~ ®~ C~1 Ul Danielle C. Masciel, Word Processing Operator v Tracking No. VAR2003-04595 ZA2004-10.doc - 3 of 3 - ZA2004-10