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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