Resolution-ZA 2007-11•
RESOLUTION NO. ZA2007-11
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2007-04735 BE GRANTED
(3454 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCEL 1:
LOT 13 OF TRACT NO. 12576, IN THE CITY OF ANAHEIM, AS SHOWN ON
A MAP RECORDED IN BOOK 573, PAGES 10 THROUGH 16, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH SHOWN
BELOW, BUT WITH NO RIGHT OF SURFACE ENTRY OR THE
SUBSURFACE OF SAID LAND ABOVE A DEPTH SHOWN BELOW, AS
PROVIDED IN DEEDS OF RECORD.
DEPTH: 500 FEET
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF
COPA DE ORO DRIVE, AS SHOWN AND DESCRIBED ON MAP OF SAID
TRACT 12576; EXCEPT ANY PORTION LYING WITHIN PARCEL 1 ABOVE.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on September 13, 2007 at 9:30 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 hear and consider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection
therewith; and said public hearing was continued to the September 27, 2007 hearing; 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. That the applicant proposes waivers of the following to expand an existing industrial
building with an additional 80,000 square feet of office space:
VAR2007-04735 -1- ZA2007-11
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(a) SECTION NO. 18.42.040.010
(b) SECTION NO. 18.120.070.080.0802
Minimum number of parking spaces.
(1,461 spaces required; 1,046 spaces
proposed)
Maximum Floor Area Ratio.
(0.50 FAR permitted; 0.66 FAR
proposed)
2. That waiver (a) is hereby approved, as based on the findings and conclusions
contained in a parking study prepared by an independent traffic engineer. The study states that
multiple observations of the existing parking usage reveals that a substantial surplus of parking
spaces would be available; therefore the business will be able to provide adequate parking on-site
for its proposed uses. The proposed expansion will not result in any new employees; however,
under the worst-case scenario in which the parking code is applied to the proposed office space, a
surplus of at least 68 spaces will still be available on-site.
3. That parking is provided around the perimeter of the Pacific Sunwear site, although
the majority of existing parking is concentrated at the north end of the project site adjacent to
Miraloma avenue. Pacific Sunwear will be able to provide adequate parking on-site for its proposed
uses and will not increase traffic congestion on-site.
4. That three driveways are provided along Miraloma Avenue. Pacific Sunwear will be
able to provide adequate parking on-site for its proposed uses and will not impede vehicular ingress
or egress from adjacent properties.
5. That the above-mentioned waiver (b) is hereby approved, as this property is deprived
of privileges enjoyed by other properties under identical zoning classification in the vicinity since
previous FAR Code waivers have been granted for other industrial properties in the SP 94-1 zone.
The distribution and manufacturing portion of the business requires a large area on the ground floor
of the building, thereby minimizing the amount of floor area available for office space.
Furthermore, there would be a minimal impact to the infrastructure as the purpose of the proposed
expansion is not to increase the number of employees but rather to provide a larger office
workspace.
6. That no one indicated their presence at said public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning
Director's authorized representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the
State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby grant subject Petition for Variance, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
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Prior to issuance of a building permit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the following conditions shall be complied with:
That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit No. 1 through 3 as conditioned herein.
General Conditions:
2. That the granting of the parking waiver 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
waiver. Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a
violation of the expressed conditions imposed upon said waiver which shall subject this
to termination or modification pursuant to the provisions of Sections 18.60.200 of the
Anaheim Municipal Code.
That extensions for further time to complete said conditions may be granted in accordance
with Code Section No. 18.03.090 of the Anaheim Municipal Code.
4. 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 Anaheim Zoning Administrator 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
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.
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THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
meeting of September 27, 2007. 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.
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ANAHEIM ZONING ADMINISTRATOR
ATTEST:
f ,
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 September 27, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of September,
2007.
-~-~-~-,
SR. SECRETARY, ANAHEIM ZONING
ADMINISTRATOR
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