Resolution-ZA 2009-1RESOLUTION NO. ZA2009-1
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2008-04769
(909 NORTH EUCLID AVENUE)
WI-IEREAS, 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
Califomia shown on E~chibit A, attached hereto and incorporated herein by this reference; and
WIIEREAS, the petitioner requests a vaziance from pazking requirements to convert
a fiuniture store and two office spaces to a general retail store within an existing commercial retail
center; and
WHEREAS, the Zoning Adminishator did hold a public hearing at the Civic Center
in the City of Anaheim on February 5, 2009 at 930 a.m., notice of said public heazing 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
variance and to investigate and make findings and recommendations in connection therewith, and
further that the Zoning Administrator continued this item from the February 5, 2009 Zoning
Administrator meeting; and
WI-IEREAS, 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 requests a vaziance from the following Code Section to convert a
furniture store and two office spaces to a general retail store within an existing commercial retail
center:
(a) SECTION NO. 18.42.040A10 Minimum number of parkine soaces
(81 spaces required; 56 spaces proposed)
2. That the above-mentioned variance, under the conditions imposed, will not cause
fewer off-street pazking 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.
3. That the pazking vaziance, under the conditions imposed, will not increase the
demand and competition for pazking spaces upon the public streets in the immediate vicinity, as
indicated in the submitted pazking siudy. The study states that all customers and employees were
observed to pazk on-site and that the parking lot is adequate to accommodate the maximum pazking
demand for this site.
4. That the variance will not increase the demand and competition for pazking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all pazking is contained
on-site within the property boundaries.
-1- ZA2009-1
5. That the variance will not increase tr~c congestion within the off-street pazking
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.
6. That no one indicated their presence at the public hearing in opposition; and that no
conespondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301 and 15303, Class 1(Existing Facilities) and Class 5(Minor
Alterations), as defined in the State CEQA Guidelines and is, therefore, exempt from the
requirement to prepaze additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator
does hereby approve Vaziance No. 2008-04769.
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 build'ang 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 RESOLUTION was adopted at the Zoning Administrator
meeting of February 19, 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.
ANA~IEIM ZONING ADMINISTRATOR
ATTEST:
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SECRETARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretazy of the Anaheim Zoning Administrator, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheun Zoning Administrator
held on Februazy 19, 2009.
IN WITNESS WHEREOF, I have hereunto set my hand this 19~' day of February,
2009.
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SECRETARY, ANAHEIM ZONING ADMINISTRATOR
-2- ZA2009-I
EXI~IIBIT "A"
VARIANCE NO. 2008-04769
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EXHIBIT "B"
RECOMMENDED CONDITIONS OF APPROVAL
VARIANCE NO. 2008-04769
NO. CONDITIONS OF APPROVAL ~SPONSIBLE
FOR
MONITORING
GENERA.L '
1 The subject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anaheun by
the applicant and which plans are on file with the Planning
Department mazked Exhibit Nos. 1 through 2, and as
conditioned herein.
2 The granting of the pazking variance is contingent upon Planning
operation of the use in conformance with the assumptions
and/or conclusions relating to the operation and intensity of
use as contained in the pazking demand study that formed
the basis for approval of said variance. Exceeding,
violating, intensifying or othenvise 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 variance which
shall subject this variance to termination or modification
pursuant to the provisions of Chapter 18.60 Procedures of
the Anaheun Municipal Code.
3 The approval of this application constitutes approval of Planning
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.
-4- ZA2009-1
City of Anaheim
PLANNING DEPAit'TMENT
www.anaheim.nel
Februazy 34, 2009
Richance Properties, Inc.
P.O. Box 2003
Artesia, CA 90702-2003 .
SUBJECT: VARIANCE NO. 2008-04769 / ZA2009-1
Congratulations! Your proposed project at 909 North Euclid Avenue was approved
by the Zoning Administrator on February 19, 2009. Enclosed is a copy of the Zoning
Administrator's decision. Please keep in mind that this decision will not be final
until the fifteen (15) day appeal period expires. If an appeal is made or if the City
Council decides to hold an additional public hearing, your project planner will notify
you immediately and provide you the date of the public heazing.
The action of the Zoning Administrator is contained in the attached resolution. You
will notice the resolution has a table containing conditions of approval related to your
project. The CiTy department responsible for monitoring this condition is listed in
the last column (i.e. Planning, Public Works or Police). Please contact Della
Herrick, (714) 765-4933, DHerrick@anaheim.net, to discuss the next step for
moving your project forward. I have also attached a process flow chart so you know
what remaining steps are necessary to complete your project.
Please make sure to keep these documents in a secure placa. In the event the
property is sold, provide the attached resolution to the new/prospective property
owner.
Thank you for choosing Anaheim for your project. Make sure to complete and return
the enclosed survey regarding our process. If there is any way we can improve oi~r
service, please let us know.
Sincerel ,
C
cJ St~p, c~
Pla ing Services Manager
Enclosures
c Jonathan Park, PA Architecls, 746 S. Los Angeles Street, #1104, L os Angeles, CA 90014-2186
200 South Anaheim Boulevartl
P.O.~Box 3222
Anaheim, California 92803
TEL (714)765-5139